IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B. Civil Writ Petition (PIL) No.2271/2004 (Puran Chandra Kala & Others Versus State of Rajasthan & Others) Date of Order :: 27th April, 2009 PRESENT HON'BLE THE CHIEF JUSTICE SHRI DEEPAK VERMA HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr. Ajeet Kumar Sharma for the petitioners Mr. N.A. Naqvi, Additional Advocate General for the respondents no. 1 to 4 Mr. Pawan Sharma for the respondents no. 5 & 6 BY THE COURT: With consent, arguments heard. 2. This petition is in the nature of public interest litigation bringing to the notice of this Court with regard to encroachments having been made by some of the persons in Shanti Nagar, Jaipur with a further prayer that they should be directed to maintain the peace. 3. The matter had come up for hearing before the Bench on 19.4.2004. On the said date, after directing issuance of notice to the respondents, the interim order of stay also came to be passed. Operative part thereof reads as under:- “In the meantime, in case the authorities find that the land in dispute has been encroached upon, the -2- encroachment shall be removed in accordance with law.” 4. The matter came up for hearing once again on 1st August, 2006. On the said date, following order came to be passed: “Heard the rival submissions. Secretary, Local Self Government Department, Jaipur and Mayor, Municipal Corporation, Jaipur are directed to comply with the notice dated April 23, 2005 issued by the Commissioner, Civil Lines, Jaipur City, Jaipur. Registry is directed to send a copy of this order alongwith the copy of the notice (Annexure-R/4) bearing No. F56/MC/CLZ/32 dated 23.4.2005 to Secretary, Local Self Government Department and Mayor, Municipal Corporation, Jaipur. Both these officers shall ensure compliance of this order within 15 days from today. The matter may be listed again on 21st August, 2006.” 5. Pursuant to the aforesaid order passed by this Court, the learned counsel appearing for the respondents submitted, that these two orders have been complied with by the respondents in letter and spirit and whatever encroachment is found in the area, has been removed. Photographs and some documents to substantiate this, have been filed by the respondents. -3- 6. Petitioners do not appear to be satisfied even after removal of the said encroachments, as according to them all the encroachments made by different parties in the said area have not been removed, even though the respondents are aware of the same. 7. According to us, substantial reliefs have already been granted to the petitioners by virtue of the interim orders passed by this Court from time to time, which have also been implemented substantially. 8. That being so, for all practical purposes, the writ petition has been rendered infructuous. However, if it is found that some more encroachments are there, then the petitioners shall be at liberty to bring it to the notice of respondents no. 5 & 6, who would consider the same in accordance with law and dispose it of within two months from the date of submission of the said representation under intimation to the petitioners. 9. With the aforesaid observations, this writ petition stands disposed of. 10. Parties to bear their own costs. (NARENDRA KUMAR JAIN),J. (DEEPAK VERMA),C.J. DK