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VINIT KUMAR MATHUR
Sukh Ram Didel S/o Shri Hari Ram – Appellant
Versus
Narpat Singh S/o Late Bhanwar Singh Parmar – Respondent
ORDER :
S.B. Civil Writ Petition No. 15277/2023:
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 12.09.2023 passed by learned Civil Judge (South), Udaipur City, Udaipur, whereby the application preferred by the petitioners-applicants under Order 1 Rule 10 CPC has been rejected.
3. Briefly noted the facts of the case are that the petitioners are having a land measuring 0.1900 hectare in village Badgaon. The said land was surrendered to Urban Improvement Trust, Udaipur for the purpose of issuing residential lease deeds (patta). The patta was issued by the UIT, Udaipur, the plots were sanctioned and the petitioners constructed their houses therein. Simultaneously, the UIT also sanctioned a road of 30 feet width for which 15 ft. of land was surrendered by the petitioners. The sanctioned road was allegedly encroached by the private respondents and, therefore, the UIT issued them the notice under Section 92-A of the Rajasthan Urban Improvement Act, 1959 (hereinafter referred to as ‘the Act of 1959’) for removing the said encroachment. The respondents filed their reply to the show cause notice and ultimately those proceedings were
The main legal point established in the judgment is that parties whose rights may be affected by the outcome of suit proceedings should be allowed to be impleaded as necessary parties, and the court ....
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
The court establishes that a party not involved in pending litigation regarding encroachment can seek to be impleaded for fair consideration of their interests in ongoing civil proceedings.
The main legal point established in the judgment is the requirement of substantial evidence to support claims of encroachment. The judgment emphasizes the importance of legal proceedings under the We....
The main legal point established in the judgment is that when an order for ejectment and damages has attained finality, and the party against whom the order was passed has not taken any steps to chal....
The court declines to issue a writ directing removal of encroachments, emphasizing that disputed factual questions are to be resolved by the Civil Court.
The authority can act on public land regardless of pending litigation if the land is classified as 'Street'.
Authorities are required to assess encroachment claims and act within legal frameworks, ensuring fair hearings.
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