D.B. Civil Writ Petition No. 4987/2012

(PIL Matter)

Suo Moto Vs. State of Rajasthan

[ 1 ]

5

D.B. CIVIL WRIT PETITION NO. 4987/2012(PIL)

Suo Moto Vs. State of Rajasthan

....

Date of Order :: 17^th August 2012.

HON'BLE MR. JUSTICE DINESH MAHESHWARI

HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-II

Mr. K.R. Bishnoi, Government Counsel.

Mr. Virendra Kumar Dudi, SDM, Rohat, District Pali.

<<>>

BY THE COURT:

This matter has been registered as a Public Interest

Litigation ('PIL Petition') in view of the order dated 09.05.2012, as

drawn by a learned Single Judge of this Court during the course of

hearing of a civil miscellaneous appeal; and has been assigned to

this Bench per Rule 385-Q of the Rules of the High Court for

Judicature for Rajasthan, 1952 that reads as under:-

“385-Q. Registration and assignment of PIL Petition

upon suo motu cognizance.– Upon an order having been

drawn by a Judge or by Judges of the Court during the

course of hearing of any matter or otherwise, in relation to

any cause, matter, or issue that has come to his or their

knowledge having the element of public interest involved

and requiring intervention of the Court, such order together

with such other material as may be directed shall

immediately be registered as a PIL Petition and shall be

placed before the Chief Justice for assignment to

appropriate Bench.”

It appears that the appeal wherein the said order dated

09.05.2012 came to be drawn (CMA No. 1138/2010: Ganpat Lal

Vs. The New India Assurance Co. Ltd. & Anr.) related to a

D.B. Civil Writ Petition No. 4987/2012

(PIL Matter)

Suo Moto Vs. State of Rajasthan

[ 2 ]

vehicular accident claim case; and the accident leading to the

said appeal occurred on 10.05.2005 at Jodhpur-Pali Highway

(National Highway No. 65) near a place known as “Om Banna-ka-

Than”. It further appears that during the course of arguments

before the learned Single Judge, certain submissions were made

to the effect that the said “Om Banna-ka-Than” and nearby shops

were just adjacent to National Highway No. 65 causing traffic

hazards, accidents and encroachments on public land.

The learned Single Judge, after noticing the above facts,

ordered that a requisition be sent to the Sub-Divisional Magistrate,

Rohat, District Pali within whose jurisdiction the said “Om Banna-

ka-Than” is situated; and directed him to send a report within two

weeks alongwith photographs of the site and to state as to under

what authority of law, the said Than and the adjoining shops were

constructed adjacent to National Highway No. 65; and also to

state the prescribed width of the Highway; and so also to answer

as to why the encroachments said to be resulting in so many such

accidents had not been removed.

On the order so drawn in the said appeal, the Deputy

Registrar (Judicial) placed the matter before Hon’ble the Chief

Justice in conformity with Rule 385-Q ibid.; and, the subject-

matter of the said miscellaneous appeal being otherwise different,

the encroachment part of the matter has been assigned to this

Bench as PIL Petition.

Today, the Sub-Divisional Magistrate, Rohat has appeared

and has filed a detailed report with photographs. It has been

D.B. Civil Writ Petition No. 4987/2012

(PIL Matter)

Suo Moto Vs. State of Rajasthan

[ 3 ]

pointed out that seva-puja is going on at the place in question for

last about 15-20 years and with increase in the number of

devotees, encroachments spurt up that have been seriously dealt

with. It has also been pointed out that on 24.06.2011, the

Collector, Pali convened a meeting pursuant to the directions of

the Hon'ble Supreme Court in Writ Petition No. 2145/2010; and it

was decided that the 'Than' be shifted behind the present place

between two dharamshalas and a connecting bridge be

constructed over a nala falling in between. It is further pointed out

that for the proposed place, 4 bighas land