- (1.) THIS Writ Petition, in public interest, has been filed with the following reliefs: - (i) The respondent No.1, 2, 3 and 7 be directed to protect the Holy and sacred Bargad tree and the Pacca Chabutra from illegal encroachment and trespass and destruction through their officers and servants in collusion with the Bhoo -mafia's. (ii) Be pleased to further direct the respondents to keep the land and Bargad tree of public park as it is and protect the same from the invasion by Bhoo Mafias, in collusion by hired unsocial elements and restrain the respondent No.3, 5 and 6 from trespassing and encroaching over the public park land and Bargad tree and Chabutra. (iii) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners.
(2.) WE have heard learned counsel appearing for the petitioners, representing Shri Neeraj Verma -petitioner No.1, Secretary, Civil Lines Colony Vikas Samiti, Jaipur and Shri Rajendra Kumar Meena -petitioner No.2, President, Civil Lines Colony Vikas Samiti, Jaipur. We have also heard Shri G.S.Gill, learned Additional Advocate General appearing both for the State of Rajasthan and Jaipur Development Authority. Ms.Naina Saraf appears for Nagar Nigam, Jaipur and Shri Pradeep Choudhary appears for the respondent Nos.4 and 5.
(3.) THE respondent No.6 has not been served as yet. It is stated that the respondent No.6 has no concern with the plots, or the Banyan 'Bargad' Tree, which is subject matter of the dispute. During the course of arguments, we were informed that in respect of the same property, the respondent Nos.4 and 5, claiming to be allottees of the plots in the Colony, which is situate opposite to the land, on which the old Bargad Tree is situate, had filed a complaint in the police, which was referred to the Additional District Magistrate, City (South), Jaipur under Section 145 Cr.P.C.;