J.C. Verma, J. - (1.) The petitioner, Hindu Mazdoor Kisan Panchayat, is a registered trade union and has filed the present writ petition through its State President Arjun Detha son of Shri Keshar Danji Detha, resident of 21, Ashok Nagar, Udaipur. The prayer of the petitioner in the present writ petition is that the show-cause notice for vacating the public land issued by the respondents like Annex-2 to all the petitioners be quashed and the respondents be prohibited from interfering with the possession of the petitioners.
(2.) The case of the petitioner is that many persons i.e. as many as 38 persons whose list is attached as Schedule A of village Kotada District Udaipur have established their vends for selling articles of day to day or routine consumption for their livelihood. Such vends went on increasing by the passage of time and the petitioner has also been paying rent to the Gram Panchayat, Kotada for the land they were enjoying under their vends. All of a sudden a notice Annex. 2 had been issued to the petitioners to the effect that they had illegally occupied the place which is punishable under the provisions of law. It is also stated in the notice that the public at large is facing great difficulty because of the unauthorised vends established by the vend people. Vide this notice such like persons were directed to vacate the public place or otherwise they would face the consequence of removal of vends from the place. It was further mentioned in the notice that in case any of them has any legal title, the same should be shown to the authorities. It is stated in the petition that it is the right of the people to earn their livelihood and no person can be deprived of his right to live except by authority of law and, therefore, the respondents are not entitled to evict the petitioners from the place where they have established their vends It is submitted that even though the notice was issued on 28-4-1992 but a big terror has been created by the official respondents. It is stated that all this action is being taken to uproot the down - trodden and because of the reason that the petitioners had paid rent, they should not be evicted from the place.
(3.) A reply has been filed by the respondents. It has been stated that many persons including the persons whose names have been mentioned in Schedule A have built up their shops or vends on the piece of public land which is meant for school play-ground and this ground was being used for playing by the students and the persons mentioned in Schedule A have encroached upon the land by placing their shops and vends. It is submitted that the petitioner has not right to espouse the cause/case of any private vend holder nor those vend holders have any right to file the writ petition. It is stated that the Principal of the Secondary School had made an application to the Gram Panchayat for allotment of the said land for the purpose of play ground and the Gram Panchayat, Kotada in case No. 22/65 vide its order dated 25-7-1965 had decided to allot the said land for the purpose of play ground and it has been mentioned in the resolution that no construction whatsoever shall be allowed on this land and no construction would be made by any person. Copy of the resolution dated 25-7-1965 has been attached as Annex. B. 1. Earlier some sheds had been established by certain persons but the decision of the Gram Panchayat to allow the sheds to continue was rejected and it was decided that no person should be given any land within the radius of 50 feet from the play ground. Copy of the decision dated 14 10-1967 has been attached as Annex. R. 2 which has become final. It has been reiterated that the ground is being used for public purpose and certain persons want to grab the land and obstruct the utility of the land for public purpose. It is stated that none of the persons whose names are mentioned in Schedule have any right and they are trespassers.;