SHETHNA, J. - (1.) WHAT is the reason for filing this petition is mentioned in para 13 of the petition namely, that a general notice dated 6. 2. 96 (Annex. 10) issued by the authorities whereby the people of that area at large were informed that many encroachments at thorough fares are made at the end of the roads by putting up stones of various types, wood, bhati, tables and benches, chhapers and cabins. It has further been stated in the notice that near the Station and Main Bazar and public places have been practically blocked by putting up hand carts which is obstructing the ingress and outgress. These illegal encroachments were to be removed within a period of 7 days otherwise the Municipal Board will do it at the cost of the concerned persons. The petitioner apprehends that because of this notice, the construction put up by it on the land in question may be demolished by the respondents though the said land was converted and the permission was also obtained by the petitioner for establishing a factory. From the reply affidavit, it is clear that the fact that the land was converted and permission was obtained by the petitioner for establishing a factory is totally immaterial because the petitioner was not at all authorised to have construction over the land falling in the road boundary. Even if any such permission was given, then it is dehors the law and the petitioner cannot claim any vested right in it for having construction on the land and/or preventing the respondents from demolishing the construction if any such construction is already put up by it.
(2.) THE petitioner has joined three respondents namely, (1) Municipal Board, Makrana, (2) Chairman, Municipal Board, Makrana and (3) District Collector, Nagaur and made two prayers namely, (i) the respondents be restrained from interferring into the possession of the Petitioner over the land purchased by the petitioner by Annex. 1 and by way of compromise from Shri Bholuram, if there be any, and (ii) If for any reason the Respondents are able to dis-possess the petitioner from the land and demolition is undertaken then the respondents may kindly be directed to hand over the possession of the land taken from the petitioner back to the petitioner alongwith the compensation for demolishing the construction which exists on the land. There is no question of granting first prayer because Bholuram is not a party to the petition and no such relief can be granted by this Court in its jurisdiction either under Article 226 and 227 of the Constitution. If the petitioner is already dispossessed from the land in question, then there is no question of granting second relief. For compensation, the petitioner has to approach the competent civil court. This Court cannot grant compensation in such type of cases in its writ jurisdiction. The present petition is filed by M/s. Sangmarmar India Pvt. Ltd. through its Manager Shri Krishna Gopal Sharma, which is situated on the bye-pass road of Makrana. For attending Full Court meeting and Court sittings, at times we are witnessing such illegal encroachment every where. Particularly, between Ajmer to Jaipur. This Court has to take judicial notice about the illegal encroachments made everywhere on State and National Highways and their bye-passes. Because of the same, accidents are increasing day by day and resulting into number of casualities. In this type of cases, it is high time that the State Administration should start removing the illegal encroachments on National Highway and State Highway and when the State Administration was taken initiative for doing so, then I am of the confirmed opinion that this Court should not at all interfere in its extraordinary jurisdiction under Article 226 to the Constitution. It may be stated that as the news item appeared in Jaipur Edition of Rajasthan Patrika on 13. 3. 96 (Annex. 11) to the effect that "the Administration has decided to widen the roads commencing From Truck Union Office going upto Boraward Railway Station, so as to widen it upto 70 feet and land to the extent of 33 feet on both the sides of Boraward bye-pass road will be measured and all shops, houses, godowns have been given notices to remove the same and if the same are not removed by 15. 3. 96, then houses, shops, godowns will be demolished. "
(3.) IT appears that while issuing notice to the other side on this petition, on stay petition also, notice was ordered to be issued and while issuing notice, the parties were ordered to maintain status quo. Perhaps because of that, the petitioner is not disturbed till today. Having found that the petitioner has no case and no such relief as prayed for can be granted by this Court in its extraordinary jurisdiction under Article 226 of the Constitution, the stay granted earlier is required to be vacated forthwith and accordingly, it is vacated. This order is pronounced in open court in presence of the learned counsel Mr. Prakash Tatia for the respondents. It is expected from him that this order is immediately communicated to the State Government for taking immediate action in the matter so that all illegal encroachments on any National Highways and State Highways and bye-passes are removed at the earliest. ;