RAM SINGH RAJAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the applicants.

(2.) Proceedings have a chequered history. A writ petition was filed in public interest by Radhey Shyam Sharma, Ram Sharan Gurjar, Prem Lata, Reshma, Umrao Lal Yadav, Chandu Ram, Mohan Singh, Munshi Singh and Kanhaiya Lal Daga. They alleged that Pradhan of the Panchayat Samiti, Bansur;Leela Ram Arya had constructed 47 shops illegally on Government land and had rented them out. The State and its authorities did not dispute said fact and thus the writ petition was disposed of on 24.02004 directing that unauthorized shops shall be demolished in accordance with law. The order was passed in the absence of the allottees of the shops being impleaded as respondents in the writ petition. Suffice it to highlight herein now that the direction was to proceed in accordance with law.

(3.) Some of the allottees filed an application labelling it as a review petition and pointed out to the Court that the order, though declaratory in nature, was passed in their absence. The said application registered as D.B. Civil Review Petition No.0740/2004 was disposed of on 07.05.2004 requiring the applicants to approach the District Collector to show that the construction was not unauthorized. Certain persons who were likely to be affected by the order dated 24.02.2004 preferred Petition seeking Leave to Appeal before the Supreme Court and leave to appeal being granted, Civil Appeal No.540/2009 came to be registered, which was disposed of on 12.07.2017 recording that the appellants would have an opportunity to show to the appropriate authority that they were neither encroachers nor constructions were illegal.