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Rajasthan High Court - Jodhpur

Hardeep Singh vs State Of Raj. & Ors on 2 February, 2012

Author: Govind Mathur

Bench: Govind Mathur

                           S.B. Civil Writ Petition No.9389/2011 & 2 connected matters
                                             Hardeep Singh Vs. State of Rajasthan & Ors.

                                                                                     1.

            (1) S.B. CIVIL WRIT PETITION NO.9389/2011
               Hardeep Singh Vs. State of Rajasthan & Ors.

            (2) S.B. CIVIL WRIT PETITION NO.727/2012
             Smt. Raj Kumari Vs. State of Rajasthan & Ors.

            (3) S.B. CIVIL WRIT PETITION NO.1692/2011
              Smt. Bhan Kaur Vs. State of Rajasthan & Ors.


                     DATE OF ORDER :                   02.2.2012


            HON'BLE MR. JUSTICE GOVIND MATHUR


Dr. Sachin Acharya, for the petitioner.
                                ...

The instant petitions have been filed against the notice served upon the respective petitioner by the Municipal Board, Pilibanga, Distt. Hanumangarh regarding removal of the alleged encroachments pursuant to the directions of this Court passed in CWP-789/2006, Baltej Singh & Ors. Vs. State and Ors. affirmed in DB Special Appeal No.274/2009, Hardeep Singh Vs. State & Ors., decided on 23/04/2009.

Counsel submits that after filing of the instant petitions, certain developments have taken place and a fact finding report was submitted by the Sub Divisional Officer-cum-Magistrate, Pilibanga to the District Collector-cum-District Magistrate, Hanumangarh on 19/05/2011 and the description of all local inhabitants including the petitioners has been furnished indicating the alleged encroachments made by the individuals and it has been noticed by the authorities for the purpose of S.B. Civil Writ Petition No.9389/2011 & 2 connected matters Hardeep Singh Vs. State of Rajasthan & Ors.

2. removal of such encroachments and in the light of the fact finding report being submitted by the authority to the District Collector, there appears to be no reasonable apprehension to proceed further in the instant petitions. In the light of the fact finding report dt.19/05/2011 (supra), the counsel, on instructions, does not want to press the instant petitions and wants liberty of this Court that if any action is taken by the authority in future, permission may be granted to take appropriate steps which the law permits.

The writ petitions are accordingly dismissed with liberty to the petitioners that if any occasion arises or any adverse action being taken by the authority at later stage, they will be at liberty to avail remedy which the law permits.

[GOVIND MATHUR], J.

Sanjay