GOVIND SON OF SHIVLAL Vs. GOVIND SON OF SHIVLAL
LAWS(RAJ)-2019-12-14
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on December 11,2019

Govind Son Of Shivlal Appellant
VERSUS
Govind Son Of Shivlal Respondents

JUDGEMENT

ASHOK KUMAR GAUR,J. - (1.) The present batch of writ petitions have been filed by the petitioners challenging notices issued by Assistant Engineer, Public Works Department, Sub-Division, Kaila Devi, District Karauli whereby the petitioners have been asked to remove the construction/encroachment within seven days, failing which the department was to carry out the necessary exercise of demolishing the illegal construction/encroachment.
(2.) Counsel for the petitioners submitted that prior to notice, no opportunity was afforded to the petitioners and no survey was conducted to find out the alleged construction/encroachment.
(3.) Counsel further submitted that the petitioners are having valid title document in their favour and as such, the presumption by the respondents to treat such construction as encroachment is absolutely unjustified.;


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