N.N.MATHUR, J. - (1.) The instant writ petition under Article 226 of the Constitution of India has been filed by one Anil Chordiya under the label of public interest litigation seeking following directions : "(i) The respondents may be directed to comply with the judgment dated 20-8-1998 within stipulated time; (ii) If thought fit, this Honble Court may also initiate contempt proceedings against the erring officers and take suitable action: (ill) Any other appropriate order or direction which this Honble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner; (iv) Writ be allowed with costs."
(2.) The facts briefly stated are that petitioner claims to be a licensee of Plot No. 126 in Link Pal Road Extension Plan Samanvay Nagar, Jodhpur. The said licence was issued to the petitioner by the Urban Improvement Trust, Jodhpur on 28th December, 1996. It is averred that when the licence was issued in view of the conversion made in the entire area for that purpose a total scheme was prepared and certain parcels of land were left for Road, Park, Open Space etc. but the plot holders like the petitioner were deprived of the Scheme because of the miserable conditions prevailing in the area. It is averred that the entire area was occupied by unauthorised persons having no title whatsoever oh the land. The Urban Improvement Trust failed to discharge its obligation in evicting them. It led to filing of writ petition before this Court which was registered as D. B. Civil Writ Petition No. 395/98. The Division Bench disposed of the writ petition by a brief order dated 20th August, 1998, which is reproduced as follows : HONBLE SHRI V. G. PALSHIKAR. J. HONBLE SHRI MOHD. YAMIN. J. Mr. M. R. Singhvi, for the petitioner Mr. Sanjeev Johari, for the respondent By this petition, the petitioner claims a direction, that the.Trust be directed to complete the process of removal of encroachment by a fixed time, so that the rights of the petitioner are not indefinitely suspended. On principle, the Trust also agrees to remove the encroachment. Interest of justice would therefore, be met, if the Trust is directed to complete the work of removal of encroachment in accordance with the provisions as applicable in the case by the end of year 1998. With these observations, the petition is disposed of. Sd/- Sd/- (MOHD. YAMIN) J. (V. G. PALSHIKAR) J."
(3.) The petitioner filed a Contempt Petition for the non-compliance of the said order which was registered as D.B. Civil Contempt Petition No. 140/99. In the reply it was submitted that the problem to remove the encroachment was complicated. A survey was also required to be undertaken. It was further expressed that the respondents were required to solve the problem balancing the equities. The Division Bench by its order dated 25-4-2001 disposed of the Contempt Petition having found that there was no wilful disobedience.;