MOHAN LAL CHOMAL, SON OF SHRI MADAN LAL CHOMAL Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF LOCAL BODIES

JUDGEMENT

(1.) By this writ petition, a direction is sought to remove the obstruction from the public way situated in eastern side of petitioner's Plot No.22, Ward No.17, Chirawa, District Jhunjhunu.

(2.) Learned counsel submits that a plot was allotted to the petitioner showing a public way in the eastern side. The land of public way has been possessed by the private respondent No.4 unauthorisedly and, accordingly, Municipal Board, Chirawa gave a notice to him 3rd November, 1979 vide Annexure- The private respondent-Shiv Kumar challenged the aforesaid by invoking Section 285 of the Rajasthan Municipalities Act, 1959 (for short "the Act of 1959"), then existing. The challenge did not sustain before the Sub-Divisional Officer, rather, a direction was given that land of 6 yard of the public way may be measured and got vacated. Despite order aforesaid, no action was taken.

(3.) The petitioner then preferred a civil suit. It was decided with the observation that court is having no jurisdiction thus suit to be returned for its filing in the competent court. The matter was taken up at different levels which includes even before the Collector. No action was taken on the ground that possession of the private respondent exists for last 20 years. The notice served by the Municipal Board, Chirawa was not given effect. The writ petition has been filed accordingly. It is basically nothing but to seek execution of the notice and the order passed by the SDO court on an application filed by the private respondent under Section 285 of the Act of 1959.