HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 11887/2021

1.

Residents Of Madhuban Colony, Tonk Phatak, Jaipur,

Through Its Next Friends/ Representatives- 1. Shiv Dayal

Goyal S/o Late Shri Brij Mohan Goyal, Aged About 71

Years, R/o Plot No.g-12, Madhuban Colony, Tonk Phatak,

Jaipur (Raj.).

2.

Bhanu Pratap Singh S/o Late Shri Rampal Singh, Aged

About 37 Years, R/o Plot No.40, Kalyan Colony, Attached

To Madhuban Colony, Tonk Pathak, Jaipur (Raj.).

3.

Anurag Singh S/o Late Shri Mahavir Singh, Aged About 37

Years, R/o G-9, Madhuban Colony, Tonk Phatak, Jaipur

(Raj.).

4.

Bhagchand Agarwal S/o Shri Bhagatram Agarwal, Aged

About 51 Years, R/o Plot No.g-13, Madhuban Colony, Tonk

Pathak, Jaipur (Raj.).

----Petitioners

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Urban Development And Housing Department, Govt.

Secretariat, Jaipur (Raj.).

2.

The Municipal Corporation (Greater), Through Chief

Executive Officer, Municipal Corporation (Greater), Lal

Kothi, Jaipur (Raj.).

3.

Deputy Commissioner Malviya Nagar Zone, Municipal

Corporation (Greater), Jaipur (Raj.).

4.

Mohammad Firoz Alias Kalekhan Chhaju Khan S/o Not

Known, Resident Of E-21, Madhuban Colony, South West

Extension, Near Tonk Road Over Bridge, Tonk Road,

Jaipur (Raj.).

5.

Ajay Narayan Natani S/o Late Shri Satya Narayan Natani,

E-17, Madhuban South West Extension Colony, Near Tonk

Phatak Over Bridge, Tonk Road, Jaipur (Raj.).

6.

Smt. Zubeda Begum W/o Late Shri Abdul Mazid, R/o E-18

And E-19, Madhuban South West Extension Colony, Near

Tonk Phatak Over Bridge, Tonk Road, Jaipur (Raj.).

7.

Smt. Naseem Bano W/o Shri Naimuddin, R/o E-29,

Madhuban Colony, Tonk Road, Jaipur (Raj.).

(2 of 3)

[CW-11887/2021]

8.

Abdul Aziz S/o Shri Abdul Mazid, R/o E-28, Madhuban

Colony, Tonk Road, Jaipur (Raj.).

9.

Smt. Snehalata Sharma W/o Shri Prem Narayan Sharma,

Occupier As Firm Prem Narain Hari Narain, R/o E-27,

Madhuban South West Extension Colony, Near Tonk

Phatak Over Bridge, Tonk Road, Jaipur (Raj.).

10.

Smt. Shanti Devi Jhalani W/o Shri Shivram, R/o E-25 And

E-26, Madhuban South West Extension Colony, Near Tonk

Phatak Over Bridge, Tonk Road, Jaipur (Raj.).

11.

Jaipur Development Authority, Through Commissioner,

Jda, Jda Circle, Jln Marg, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. J.P. Goyal, Sr. Advocate assisted

by Mr. Nikhil Yadav

For Respondent(s)

:

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

HON'BLE KUMARI JUSTICE REKHA BORANA

Order

08/11/2021

This petition which is styled in the nature of Public Interest

Litigation seeks directions to the respondents to remove certain

alleged encroachments in respect of Plot Nos.E-17 to E-30,

Madhuban Colony, Tonk Phatak, Jaipur. The record would suggest

that earlier a resident of nearby area one Shri Pradeep Kumar

Sharma had filed a similar writ petition also in the nature of PIL

No.5756/2019 which was disposed of by the Division Bench of this

court vide order dated 12.12.2019 by making following

observations:-

“A perusal of the prayer clause of the writ

petition reveals that it has been prayed by the

petitioner that respondents may be directed to

remove the encroachment from all plots i.e.Plot

Nos.E-17 to E-30 of the Madhuban South West

Extension Scheme (Colony), Tonk Pathak,

Jaipur. It has also been prayed that the lease

deed issued by the Jaipur Development Authority

to any encroacher may be declared null and

void. It has further been prayed that the

respondents be directed to dismantle the

(3 of 3)

[CW-11887/2021]

construction raised on Plot Nos.E-17 to E-30.

Any ongoing construction on Plot No.E-21 be

stopped.

Present case involves disputed questions of fact.

Petitioner has sought removal of encroachment

from Plots i.e. Plot Nos.E-17to E-30. It is the

case of the petitioner that the plots-in-question

are, in fact, public utilit