AR.LAKSHMANAN, C.J. - (1.) The unsuccessful petitioner in the writ petition is the appellant in this appeal, which is directed against the Judgment dated 1-2-2000 passed by the learned single Judge in SB Civil Writ Petition No. 158/96. The prayer in the writ petition is to quash the order dated 24-11-95 with the further direction to the respondents Nos. 1 and 3 not to allot the plot in question to any other person and that the same should be allotted to the appellant-petitioner Society.
(2.) In the reply to the stay petition, the Jaipur Development Authority have questioned the locus standi of the appellant in maintaining the writ petition and that the writ petition should be dismissed at the threshold in favour of the respondent department. The matter was heard by a learned single Judge of this Court who on a careful consideration of the submissions made at the time of hearing dismissed the same.
(3.) We have perused the entire pleadings and the order under appeal and also perused the annexures filed along with the writ petition. It is categorically held by the JDA Tribunal vide its Order dated 24-11-95 (Ann. 4) that the appellant-Society is a trespasser and has no authority to question the allotment. In the writ petition, the learned single Judge has clearly observed on perusal of the record that the land in dispute was allocated and earmarked for construction of a nursery and a boundary wall was also erected by the Jaipur Development Authority. However, before any further work could be commenced, a temple came to be erected on the above strip of land by the appellant-Society, alleged to be a Mandir Vikas Society, who is claiming possession of the above land on the ground that the temple is existing on the disputed land for last many years. We are of the opinion that the reasoning given by the learned single Judge in rejecting the writ petition is unassailable. Both the authorities constituted under the Act have clearly held that the appellant Society is a trespasser and that the temple came to be erected on the above strip of land without any permission and unauthorisedly. This Court shall not encourage such kind of encroachment and construction upon public land.;