PARAS RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. The petitioners have preferred this public interest litigation with a prayer that respondents may be directed to take the steps to remove the encroachments of the unauthorized occupants from the land belonging to cremation ground.

(2.) SUBMISSION of learned counsel for petitioners is that there is a cremation ground at Sainik Basti, Nagaur, which has been encroached by respondent Nos. 4 and 5, the petitioner submitted a representation to District Collector, Nagaur to remove the trespassers, but no action has been taken, therefore, necessary directions may be issued for removal of the trespassers over the land belonging to cremation ground.

(3.) FROM Annexure -6, it appears that respondent No. 4, Jeevan Singh has filed suit against Acharya Samaj, Nagaur through its office bearers and petitioner No. 1 -Paras Ram and petitioner No. 4 -Amrit Lal have been shown as office bearers of Acharya Samaj, Nagaur. The civil suit for permanent injunction and injunction in mandatory form against the petitioner Nos. 1 and 4 in respect of same matter is pending before Civil Judge (Junior Division), Nagaur. Learned counsel for petitioners submitted that there is no interim stay in favour of plaintiff -Jeevan Singh, therefore, it was a duty of the District Administration to remove the encroachment from the cremation ground.