GOVIND SHARAN SHARMA Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for respondent-Jaipur Development Authority.

(2.) This appeal arises out of order dtd. 4/9/2021 passed by the learned Single Judge, whereby, writ petition filed by residents of the area has been dismissed as not maintainable, leaving the appellants to take remedy of filing civil suit.

(3.) Learned counsel for the appellants would submit that the appellants and private respondents No. 8 to 53, who are residents of the area, had filed writ petition seeking indulgence of the Court in the matter of alleged encroachment and illegal construction being raised on public road by Respondents No. 3 to 5 (Kamlesh Jain, K.C. Singhal and M/s. Pooja Propcorn). He would submit that the allegation being of encroachment on public land, Jaipur Development Authority was obliged under the law to enquire into the complaints and hold enquiry. He would submit that relief was sought from the Court to direct Jaipur Development Authority to perform its statutory obligation and it was not a private law remedy sought by the appellants.