HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

D.B. Writ Miscellaneous Application No.230 / 2016

Kanhaiya Lal Saini s/o Narayan Mali, aged about 44 years, by

caste Saini, r/o Village Banetha, Tehsil- Uniyara, District Tonk at

present R/o Shivaji Nagar Kampu, Ward no.4 Tonk (Raj.)

----Petitioner

Versus

1. The State of Rajasthan through District Collector Tonk.

2. Superintendent of Police, Tonk.

3. Sub-Divisional Officer, Uniyara, District Tonk.

4. Tehsildar, Uniyara District, District Tonk.

5. Nayab Tehsildar, Benetha, District Tonk.

6. SHO, Police Station Benetha, District Tonk.

7. Shri Narayan s/o Mangi Lal,

8. Bhanwar Lal s/o Sukhdev,

9. Babu Lal s/o Sukhdev,

10. Girraj s/o Sukhdev,

11. Jagdish s/o Panchu Lal,

12. Chhotu s/o Panchu Lal,

13. Kalu s/o Panchu Lal,

14. Sitaram s/o Panchu Lal,

15. Kajod s/o Gopal,

16. Ladu s/o Gopal,

17. Ramphool s/o Gopal,

18. Prahlad s/o Gopal,

19. Ramswaroop s/o Kalyan,

20. Satyanarayan s/o Kalyan,

21. Prabhu s/o Kalyan

All resident of Village Banetha, Tehsil-Uniyara, District Tonk. (RAJ)

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. Deepak Khandelwal

_____________________________________________________

(2 of 3)

[WMAP-230/2016]

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE VIJAY KUMAR VYAS

Order

26/07/2017

1.

On March 9, 2016 the writ petition was disposed of

passing the order as under:-

“This writ petition(PIL) has been filed by the

petitioner, Kanhaiya Lal Saini, who has approached

this Court with the prayer that Respondents No. 1 to

6-state authorities may be directed to restrain

Respondents No. 7 to 21 from raising

construction/encroaching upon the land of public way

situated in Khasra No. 4325 situated in Village

Banetha, Tehsil Uniyara, District Tonk.

Learned counsel for the petitioner has invited

attention of the Court towards the trace map of the

aforesaid Khasra, which is adjoining Khasra No. 4326,

5327, 4284 and 4285. Petitioner has also placed on

record copy of Jamabandi of Khasra No. 5817/4326,

5818/4326 and 4284, on which Government Girls

School and Government Animal Hospital are situated

and the way aforesaid is used for access to aforesaid

Government Girls School and Government Animal

Hospital. The encroachers were served with notices

by Tehsildar, Banetha. Copies of such notices dated

24.11.2010, 30.09.2011, 20.02.2014 have been

placed on record. It is contended that the residents of

Village Banetha filed a joint representation to the

District Collector, Tonk for removing the aforesaid

encroachment and restoring the aforesaid way, but no

action has been taken.

Having regard to the aforesaid facts, we do

not deem it necessary to directly entertain this writ

petition(PIL) in the matter of the present nature, but

requires the petitioner to approach the District

Collector, Tonk along with copy of this order, who shall

get the enquiry conducted to find out whether actually

there exists any encroachment on the land of public

way and if it is found so, he shall ensure restoration

thereof by due process of law.

With the aforesaid direction, writ petition

stands disposed off. “

(3 of 3)

[WMAP-230/2016]

2.

The applicants desired modification of the order alleging

that they have made no encroachment on any public way situated

in khasra No.4325, Village Banetha, Tehsil Uniyara, District Tonk.

3.

If the applicants have not made encroachment, it is not

for this Court to decide whether the said claim is right or wrong.

Similarly when the writ petition was disposed of the Court never

made any determinative finding that there was an encroachment.

The order simply requires the District Collector, Tonk to look into

the revenue map and conduct an enquiry. Orders have to be

passed thereafter by the Collector. The order records that

encroachers have to be served with a notice, if it is opined that

there is encroachment on a public path.

4.