HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 11674/2021

1. Ganpat Singh S/o Joravar Singh, aged about 39 Years, Resident of Ravo Ka Vas, Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

2. Karan Singh S/o Ram Singh, aged about 48 Years,Resident of Tehsil Road, Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

3. Mahendra Singh S/o Keshar Singh, aged about 33 Years, Resident of Padva Vas, Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

4. Fateh Singh S/o Raghunath Singh, aged about 38 Years, Resident of Nadi Kinara Vas, Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

----Petitioners Versus

1. State of Rajasthan through Secretary, Department of Revenue, Government of Rajasthan, Jaipur.

2. The District Collector (PLPC Cell), Sirohi, Rajasthan.

3. The Sub Divisional officer, Shivganj, District Sirohi.

4. Tehsildar Shivganj, District Sirohi.

5. Vaja Ram S/o Khema Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

6. Sona Ram S/o Khema Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

7. Deva Ram S/o Khema Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

8. Narayan Ram S/o Khema Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

9. Nema Ram S/o Dana Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

10. Pratap Ram S/o Dana Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

11. Poma Ram S/o Khangara Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

12. Haka Ram S/o Khangara Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

13. Veera Ram S/o Khangara Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

14. Bhura Ram S/o Hakma Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

15. Ramesh Kumar S/o Hakma Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

16. Shankar Lal S/o Poma Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

17. Kumbha Ram S/o Haka Ram, Resident of Village Chandana, Tehsil Shivganj, District Sirohi, Rajasthan.

----Respondents For Petitioner(s) : Mr. Moti Singh.

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

03/09/2021

1. By way of this writ petition, the petitioners are seeking directions to the respondents to remove encroachments made over the land comprising Khasra Nos.70, 73, 90, 106, 107, 108, 108/1, 114, 115 & 128 in Village-Chandana, Tehsil Shivganj District Sirohi. According to the petitioners, the aforesaid land of above Khasra is set apart in the revenue record as ‘Gair Mumkin Rasta’, ‘Gair Mumkin Nadi’, ‘Gair Mumkin Gochar’ and ‘Gair Mumkin Abadi’.

2. In Gulab Kothari vs. State of Rajasthan & Ors. (D.B.C.Writ Petition No.1554/2004), this Court while dealing with the issue with regard to encroachments inter-alia on public road and Pasture land, observed:

“146. It is well settled that the footpaths and public roads are meant for convenience of public at large and no private person can be allowed to make unauthorised use of the same for personal use. As a matter of fact, every citizen has right to pass over the footpaths and public ways and custody thereof with the State and the Local Authorities is in realm of public trust and therefore, what to say of private individuals even, the State Government and Local Authorities are yoked under an inhibition not to put any structure on footpaths and public ways, which is not necessary for regulating and maintaining the user thereof. Every inch of the land forming part of footpaths and public ways has to be preserved and maintained meticulously and therefore, the State Government and the Local Authorities, who are under an obligation to check growth of unauthorised encroachment made by unscrupulous persons on footpaths and public w