CW 6769/06 - Mishra Ram Meghwal & Anr. Vs. State & Anr. : Order dt.3.03.08 1/3 S.B. CIVIL WRIT PETITION NO.6769/2006 Mishra Ram Meghwal & Anr. Vs. State of Raj. & Anr. Date of order : 3rd March, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Girish Joshi for the petitioner. Mr. D.S. Rajvi for the respondents. Mr. S.S. Ladrecha, Government Advocate for the State. --------- 1. Heard learned counsels. 2. By this petition these 90 petitioners whose names are mentioned in Schedule A of the writ petition have approached this Court inter alia claiming that they are living at the outskirts of place known as Balotra in District Barmer, Rajasthan and after the survey was conducted by the Municipal Authorities, some of these persons have been rehabilitated in a colony (Kachhi Basti) regularized for such poor people, who have described themselves to be slum dwellers. Initially the petitioners had challenged inter alia Section 203 of the Rajasthan Municipalities Act, 1959 but later on learned counsel for the petitioner did not press this challenge and thus, the matter has been remitted to the Single Bench for decision. CW 6769/06 - Mishra Ram Meghwal & Anr. Vs. State & Anr. : Order dt.3.03.08 2/3 3. A reply has been filed to the writ petition stating therein that the petitioners have no right over the said land which as a matter of fact is required for the public purpose for setting up of school etc. 4. The learned counsel for the petitioners has fairly agreed that in the facts and circumstances of the case, the respondents may consider the case of the petitioners for allotment of some alternative land where they may be accommodated. 5. In the considered opinion of this Court, though the petitioners do not have any right over any particular land and no right, title or interest over the land in question has been established by them, therefore, no mandamus direction can be given to Municipal Authorities in this regard, yet if the petitioners make a representation to the Municipal Authorities and the Municipal Authorities have any such scheme for rehabilitation for these petitioners and other similarly situated persons, they are free to consider such representation of the petitioners in accordance with law. The Municipal Authorities are thus left free and it is open for them to consider the case of the CW 6769/06 - Mishra Ram Meghwal & Anr. Vs. State & Anr. : Order dt.3.03.08 3/3 petitioners in accordance with law. This order also cannot be and should not be construed as any restraint upon Municipal Authorities to remove the encroachment of the petitioners over the land in question. 6. With these observations, this writ petition is disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.72 babulal/-