HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 659/2021

1.

Nana Lal S/o Shri Udayram Ahir, Aged About 55 Years,

R/o Takhatpura, Tehsil Hamirgarh, District Bhilwara Raj.

2.

Bherulal S/o Shri Narayan Ahir, Aged About 30 Years, R/o

Takhatpura, Tehsil Hamirgarh, District Bhilwara Raj.

3.

Nathulal S/o Shri Magna Regar, Aged About 60 Years, R/o

Takhatpura, Tehsil Hamirgarh, District Bhilwara Raj.

----Petitioners

Versus

1.

Union Of India, Through The Secretary, Ministry Of Road

Transport And Highways, Transport Bhawan, Parliament

Street, New Delhi 110001

2.

National Highway Authority Of India, New Branch R.c

Vyas Colony, Bhilwara (Raj), Through Director, National

Highways Authority Of India.

3.

Project Manager, National Highway Authority Of India 59B

Bapu Nagar, West Road, No. 05 Seti, District Chittorgarh

Raj.

4.

District Collector, Bhilwara

5.

Additional District Magistrate (Administration), Bhilwara,

Raj.

6.

Sub-Divisional Officer-Cum-Sub-Divisional Magistrate,

Tehsil Hamirgarh, Dist. Bhilwara

7.

Tehsildar, Tehsil Hamirgarh, District Bhilwara.

----Respondents

For Petitioner(s)

:

Mr. M.S. Purohit

For Respondent(s)

:

Mr. Sandeep Shah, AAG with

Mr. Abhimanyu Singh

Mr. Vinit Sanadhya

HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

(2 of 2)

[CW-659/2021]

22/09/2021

By way of this writ petition(PIL), the petitioners are seeking

directions to the respondents to construct underpass on NH-79

and continuing other operations of extensions and fencing on NH-

79.

While filing the present PIL, the petitioners have also prayed

for implementation of the order dated 27.02.2020 passed by the

Permanent Lok Adalat, Bhilwara in case No. 43/2020. It is

pertinent to note that the legality of the order passed by the

Permanent Lok Adalat is questioned by the Project Director,

National Highways Authority by way of a writ petition No.

9612/2020 wherein an interim order has been passed by the

learned Single Judge in the following terms:

“In the meantime, the effect and operation of the

order dated 27.02.2020 passed by the Permanent Lok

Adalat, Bhilwara in case No. 43/2020 shall remain

stayed.”

It is pertinent to note that the petitioners herein Nana Lal,

Bheru Lal and Nathu Lal are party respondents in the writ petition

pending before the learned Single Judge. Since, the matter with

regard to the construction of underpass pursuant to the order

passed by the Permanent Lok Adalat is already pending

consideration before the learned Single Judge, we are not inclined

to entertain the present writ petition(PIL).

The writ petition(PIL) is, therefore, dismissed.

(VINIT KUMAR MATHUR),J

(SANGEET LODHA),J

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