DHEERAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Although, the writ petition comes up on an application preferred by the respondent Nos. 7 and 8 for vacating the ex-parte interim order passed by this Court on 5/4/2018 but since the controversy involved in the present writ petition is very short, therefore, the writ petition is being heard and decided today itself.

(2.) The brief facts of the case are that the present writ petition has been filed by the petitioners with the prayer that the respondent authorities may be directed to restrain the private respondents from raising the commercial construction on the Patta Sudh Land and if any construction has been raised, the same may be ordered to be demolished. The petitioners are neighbours of the private respondents and the respondent Nos. 7 and 8 were issued Patta in the year 2016. He further submits that since the Patta issued by the Panchayat Samiti, Sayla is for raising the construction for the purpose of residence, the private respondents are misusing the same by raising the construction for commercial purposes. The petitioners, therefore, pray that the commercial construction undertaken by the private respondents is de-hors the law and the same should be demolished.

(3.) The private respondents have filed the reply and stated in their reply that the Revision Petition with respect to the cancellation of the Patta issued in favour of the respondents has also been filed and the same is pending consideration before the District Collector, Jalore.