MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Counsel for the petitioner has invoked provisions of Article 226 of the Constitution and filed one Public Interest Litigation. His submission is that political and financially influential residents of Village Paprera, Tehsil Kumher, District Bharatpur have raised certain constructions and encroached over the 'Gair Mumkin Rasta'. Because of the said reason, the life of the residents and public at large has become difficult. Counsel for the petitioner has drawn our attention to a co-ordinate Bench decision of this Court in the case of Jagdish Prasad Meena and Ors. v. State of Rajasthan and others DBCWP No. 10819/2018 dtd. 30/01/2019, wherein it has been observed as under:-

(2.) Counsel for the petitioner further submits that respondent No. 7-Sarpanch, Gram Panchayat, Paprera, Tehsil Kumher Distt. Bharatpur has initiated the construction work of some roads in the village but the said roads cannot be built on the disputed area wherein encroachments are constructed or planned to be constructed.

(3.) In the light of above submissions and in the light of coordinate bench judgment delivered in Jagdish Prasad (supra), we direct that respondent No. 2 will consider the representation of the petitioner within a period of six months from the date of receipt of the copy of this order and consider the matter on its own facts and in accordance with law and thereafter pass a reasoned and speaking order.