VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant proceeding in the form of public interest litigation is for an appropriate writ, order or direction to the respondents to remove the encroachments from the land claimed to be allotted to a local Government School and situated at khasra no.178, village Bojhala Tehsil Bhadra District Hanumangarh. An appropriate restraint order to prevent the private respondents from raising pacca construction on the land involved in future has also been sought for.

(2.) WE have heard Mr.R.S.Choudhary, learned counsel for the petitioners and Mr.Sandeep Bhandawat, Mr.Moti Singh and Mr.GR Bhari, learned counsel for the respondents. The petition discloses that the petitioners are permanent residents of village Bojhala. According to them, the respondents no.7 to 13 had encroached upon the land in question allotted to the Government Secondary School, Bojhala Tehsil Bhadra District Hanumangarh and that inspite of the repeated representations being made before the concerned public authorities, no action had been taken to remove the encroachments.

(3.) WHEN confronted with this, the learned counsel for the petitioners has submitted that as the jurisdictional Panchayat Samiti had no competence in law to grant patta (s), no right whatsoever in the private respondents vis-a-vis land involved has been conferred thereby and thus, interference of this Court in the instant proceeding to espouse the public cause is permissible.