Rajasthan High Court - Jodhpur
Chairman Sch. Man. Com.Gov. Upp. Pri.Sc vs The State Of Rajasthan & Ors on 8 January, 2014
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
D.B. Civil Writ Petition (PIL) No. 13441/2013
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D.B. Civil Writ Petition (PIL) No. 13441/2013
Chairman School Management Committee Govt. Upper Primary School
vs
State of Rajasthan & Ors.
DATE OF ORDER : 8th January 2014
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE V.K. MATHUR
Mr. C.S. Rajpurohit for the petitioner.
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BY THE COURT:
The defects are taken note of and are ignored.
After having heard the learned counsel for the petitioner and having perused the material placed on record, we are not persuaded to entertain this matter as a Public Interest Litigation ('PIL').
The sum and substance of the matter is that the petitioner, said to be the Chairman of the Management Committee of Government Upper Primary School, Dharbala Ki Dhani, Panchayat Samiti Siwana, District Barmer seeks to allege that on the land adjoining the school, comprised in Khasra No. 200 Village Dharbala Ki Dhani, certain persons have made encroachments; and the authorities have failed to remove the encroachments despite representations.
Apparent it is that this petition involves several such questions of facts which would require proper adjudication in the regular proceedings, including those relating to the nature and extent of encroachment, if any; and the person responsible therefor. Inquiry into all the relevant facts and factors, in our opinion, deserves to be D.B. Civil Writ Petition (PIL) No. 13441/2013 2 carried out in appropriate regular proceedings and cannot adequately be made in the writ jurisdiction of this Court.
Noticeable it is that not even a single person said to be the encroachers has been joined as a party to this writ petition.
In the total facts and circumstances of the case, while we decline to entertain the matter as PIL, it ls left open for the petitioner to take recourse to the appropriate remedies in accordance with law.
Subject to the observations foregoing, this petition stands dismissed.
(V.K.MATHUR),J. (DINESH MAHESHWARI),J. sudhir//