Hon'ble TATIA, J.—The instant writ petition has been filed in public interest for demolition of shops, construction of which has been illegally raised by respondent No. 5 Doonger Singh over the agricultural land in between the area marked ABCD in the sketch map, Ex. 1. Prayer has also been made to take action against the erring officers.

2. It is submitted by the petitioner that Mandore Road is National Highway No. 65. There is a chunk of agricultural land in between the boundary of the BSF Headquarters and a lane leading to Nagauri Bera. As per the Master Plan and as per the National Highways Act, 1956, the minimum width of the road is 160 feets. Conversion of part of this vacant agricultural land was in process before the Additional Collector, Land Conversion, Jodhpur. The Senior Town Planner, Jodhpur vide letter P/2 dated 7.5.1994 made it clear that conversion should not be permitted of any agricultural land which comes within the zone of Mandore Road upto 80 feet from the centre line.

3. It is submitted that respondent No. 5 is a politically influential person. The respondent No. 5 started construction within the vicinity of 50-55 feet from the middle line of the National Highway. Complaint was lodged by the petitioner to the concerned authority. When Patwari and the Revenue Inspector went on the site on 8.1.2004, the respondent No. 5 refused to stop the construction and misbehaved with them. They requested that police force may be provided to stop the construction. Consequently, the Tehsildar wrote a letter to the SHO, Police Station, Mandore requesting the police authorities to help in stopping the construction. When Police Inspector went on the spot, the respondent No. 5 attacked on the Inspector and his party and threatened that he will kill them. On this, an FIR was lodged at the police Station, Mandore on 23.1.2004. The officers of the respondent No. 3 were attacked by respondent No. 5 and his associates. The matter also published in the news-paper on 24.1.2004 in Rajasthan Patrika and Dainik Bhaskar (P/6). Ultimately, the respondent No.5 managed everything at high political level and also police, nothing was done to stop the construction. Hence, petitioner approa-ched this Court by way of filing this instant writ application in public interest.

4. In reply filed by the respondent Nos. 1 & 2, it is mentioned that Senior Town Planner addressed a communication dated 7.5.1994 and objected for construction of the land abutting the road. Matter was enquired into when the complaints were made. Basically the dispute was in relation to the construction of shops and the authorities bound down the land owners not to construct the shops. After due investigation in this episode, FIR was registered. For the time being, construction work has been stopped on the land, which had not been converted into 'Abadi'. No construction should have been made in the 80 feet area from the Central line of the Jodhpur-Mandore road as per National Highway Rules. National Highway has been declared in the year 1999. Construction has been stopped in the area in question. This Court passed order on 28.4.2004 and respondent No.5 has been bound down not to construct.

5. Respondent No. 3, Municipal Corporation in its reply is much categorical. It is submitted that no permission from the Municipal Corporation has been sought. When intimation was received by the Municipal Corporation, orders were issued to the Anti Encroachment Inspector to stop the ongoing construction and seize the construction material lying on the site. When the Commissioner of the Municipal Corporation went to yet another place, he too has been misbehaved with, by the politicians on 18.5.2004. Orders have been issued to stop the construction and to remove it.

6. Respondent No. 6, Circle Inspector in his reply has tried to support the action of respondent No. 5 but at the same time, has submitted that he is not in collusion with respondent No. 5.

7. Additional submissions have been filed on

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