BALAJI NAGAR VIKAS SAMITI Vs. JODHPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By way of this writ petition in the nature of Public Interest Litigation (PIL), the petitioner society has approached this Court seeking direction for removal of encroachments from a land allegedly to be that of the park/public utility in Khasra No.199, Pal Balaji Nagar, Jodhpur.

(2.) The private respondents who were impleaded by effect of order dtd. 7/4/2021 have demonstrated that the land on which they are alleged to be the encroachers as a matter of fact comprises of Plot No.59A and that they have a valid title thereof. This Court is apprised that a civil suit has been filed by the private respondents, wherein, the trial court has granted interim injunction in their favour.

(3.) In this view of the matter, manifestly, the disputed question of fact regarding title of the plot in question cannot be gone into by this Court while exercising its extraordinary writ jurisdiction. The issues definitely require decision of the civil court. Hence, the civil court is required to expedite the proceedings in the pending TI application.