Amitava Roy, C.J. - (1.) HEARD Mr. Vijay Choudhary, learned counsel for the petitioners. The pleaded version of the petitioners, in short, is that they are the owners of agricultural land situated by Nasirda -Deoli Highway passing through land bearing khasra No. 119, 122, 123, 124, 125, 126, 1226, 1231, 1232 & 1898/138 situated in Village Ramthala, Tehsil Deoli in the District of Tonk. According to them, this highway, at a particular point, passes through land bearing khasra No. 111 adjacent to a plot bearing khasra No. 112 recorded as sivaichak (government land) beside land bearing khasra No. 127 recorded for pedestrians and for the passage to general public, and not for any individual use or even for charagah. They have alleged that the respondents No. 10 & 11, alongwith other associates, and in connivance with the authorities of local administration and Public Works Department, have encroached upon this land and have raised constructions thereon, inspite of several representations made by them and other persons of the locality to various authorities. Reference of such representations dated 22.3.2013 and 8.4.2013 has been made. The petition discloses that in the meantime, on a complaint lodged with the Police Station, Deoli(Tonk) alleging the above activities and seeking remedial intervention for restricting the land grabbers from encroaching the said land, FIR No. 107/2013 has been registered. Reference of a proceeding under Section 107/116 Cr.P.C. initiated by the SHO, Deoli in the matter, has also been made. The petitioners now seek judicial intervention through the instant petition by way of public interest litigation to redress their grievance.
(2.) IN course of the arguments, on the queries made by this Court, the learned counsel for the petitioners, amongst others, submitted that the encroachments, as alleged, had started about 2 -3 years back and that it was for the first time in the year 2013, that representations dated 22.3.2013 & 8.4.2013 had been submitted seeking the remedial intervention of the concerned authorities. Having regard to the nature of the grievance raised, the delay in submitting the representations, the pendency of the FIR No. 107/2013 and also a proceeding under Section 107/116 Cr.P.C., as referred to hereinabove, we are not inclined to intervene.
(3.) WITHOUT commenting on the merit of the imputations made in the instant petition, we close the same, with the observation that the concerned authorities, before whom the representations and/or the above -referred proceedings are pending, would do the needful in accordance with law without undue delay. The petition is disposed of in these terms. The stay application also stands disposed.;