SURESH KUMAR ARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioners as a public interest litigation while claming the following reliefs:

(2.) HAVING heard learned counsel for the petitioner and gone through the writ petition as well as the documents annexed to it, we are of the opinion that no case for interference is made out while exercising the powers under Sec. 226 of the Constitution of India. However, if the petitioners have any grievance regarding inaction of the respondent No. 4 for not taking any action against the encroachers, they can file a complaint before the appropriate authority under Rule 22 of the Rajasthan Panchayati Raj Rules, 1996 for removal of suspension of the Sarpanch under Sec. 38 of the Panchayati Raj Act, 1994. If the petitioners feel that the Patta (Annexure -8) issued in favour of the allottee is in violation of the Allotment Rules, then it is open for them to challenge the said proceeding of issuance of Patta under Sec. 97 of the Rajasthan Panchayati Raj Act, 1994. In view of the above, we find no force in this writ petition and the same is hereby dismissed.