HARI SINGH JAKHAD AND ORS. Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2014-12-132
HIGH COURT OF RAJASTHAN
Decided on December 05,2014

Hari Singh Jakhad And Ors. Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioners with the prayer that the respondents be directed to take appropriate action to stop dumping of waste/garbage of city on the Abadi Land of Khasra No. 174. It is contended that all the petitioners are residents of Ward No. 1 of Municipal Board, Nawalgarh, District Jhunjhunu. Their residential houses are situated near Khasra No. 174. Originally that Khasra was recorded as Gair Mumkin Johda. Now it has been converted to Gair Mumkin Abadi. On some part of the land of said Khasra, a Government hostel has been constructed and some part of land has been allotted to persons belonging to poor category who have raised construction. It is contended that private citizens as also the Municipal Board are dumping waste/garbage of city on that land, which is causing lot of pubic nuisance.
(2.) HAVING regard to the facts aforesaid, the petitioners are required to approach Executive Officer of Nagar Palika or the District Collector concerned for redressal of their grievances. If their grievances are not remedied, they would be at liberty to avail appropriate remedy either under Sec. 133 Cr.P.C. or under the provisions of Civil Procedure Code by filing appropriate suit or otherwise. With the aforesaid observation and direction, writ petition is disposed of. Stay application and Application No. 57667/2014 stand disposed of.;


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