GRAM PANCHAYAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-1-184
HIGH COURT OF RAJASTHAN
Decided on January 17,2013

GRAM PANCHAYAT Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

Dinesh Maheshwari, J. - (1.) THIS petition has been filed as a Public Interest Litigation by Gram Panchayat, Popawas through its Up -Sarpanch seeking the following reliefs: - (i) By an appropriate writ, direction or order, the respondent authorities may kindly be directed to erect the permanent boundary mark No. 96 of the village Chawanda according to the settlement Map and as per measurement from mark 95 and 97 in accordance with law. (ii) By an appropriate writ, direction or order, the respondent authorities may kindly be directed to mark the area between boundary marks No 95, 96 and 97. (iii) Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted. (iv) Cost of this writ petition may kindly be awarded in favour of the petitioner. However, the material placed on record makes out that according to Resolution No. 8, said to have been adopted by the petitioner Panchayat on 06.09.2012, there had been a suggestion about some alleged encroachment on the land of Khasra No. 693, said to be adjoining the boundary mark at Point No. 96. Same averments have also been taken in the petition indicative of alleged encroachment but, the corresponding relief has not been specifically prayed for. Be that as it may, we are of the view that as regards the proper marking of boundary and so also, as regards any allegation about any encroachment, specific remedies are available to the persons concerned under the Rajasthan Land Revenue Act and the Rajasthan Tenancy Act.
(2.) THE learned counsel for the petitioner submits that some representations have been made to the Collector concerned. The petitioner may invite the attention of the Collector concerned for consideration of such representations and for that matter, the petitioner is also free to take recourse to other appropriate remedies in accordance with law but on the submissions as made, we are unable to find the present matter having the elements of a public interest litigation. Hence, exercise of PIL jurisdiction is declined in this matter; and the petition stands rejected subject to the observations foregoing.;


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