JAI KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER has challenged the notice dated 30. 1. 2003 issued by respondent No. 2 directing the petitioner to remove encroachment from the road, specifying the same in the notice. It has been submitted by counsel for the petitioner that in spite of temporary injunction been granted by trial court, the notice has been issued by the respondent No. 2.

(2.) AFTER having considered entire facts and circumstances of the present case, since the petitioner has already approached and availed a remedy of filing a suit before the trial Court and some interim orders have also been passed, no interference is called for by this Court under its writ jurisdiction in the present matter. Even otherwise the Courts should not be a party encourage encroachment on the public land, more specifically the roads and lanes. By passing interim orders in such matters would only lower down the image of the Courts. Even any efforts are made by public authorities to regularise such unauthorised constructions, the same are highly depricable.