SANGEET LODHA,J. - (1.) These writ petitions are directed against orders dated 7.12.16 of the Authorised Officer of Jodhpur Development Authority (JDA), Jodhpur, whereby the unauthorised occupation of the petitioners over the land comprising khasra no.94 of village Nandra forming part of public way is directed to be removed.
(2.) Precisely, the case set out by the petitioners is that lands occupied by them are covered by valid pattas issued by Gram Panchayat, Banar in their favour under Rule 157 (b) of Rajasthan Panchayati Raj Rules, 1996. According to the petitioners, the abadi land in question occupied by them is situated in khasra no.95 abutting to the road. It is submitted that while drawing conclusion that the petitioners have encroached upon the land forming part of the public way comprising khasra no.94, the respondents have neither measured the land forming part of the way nor the land occupied by the petitioners and thus, the conclusion drawn that the petitioners are in unauthorised occupation of the land forming part of the public way without any cogent material on record, is ex facie capricious and perverse.
(3.) A reply to the writ petition has been filed on behalf of the respondents taking the stand that the orders dated 7.12.16 have been passed after giving an opportunity of hearing to the petitioners. It is submitted that the petitioners have encroached upon the land forming part of the public way. It is submitted that it is wrong to contend that no measurement was made at the site, to the contrary, the respondent authority visited the site and prepared the site inspection report which shows that the petitioners have encroached upon the public land.;