1 S.B. CIVIL WRIT PETITION NO.575/2008 (Surya Prakash Gehlot & Ors. Vs. State of Rajasthan & Ors.) Date of order :: 20.02.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.U.S. Gehlot, for the petitioner. Mr.D.S. Rajvi, for the respondents. Heard learned counsel for the parties. By way of filing present writ petition, the petitioner is seeking direction to the respondents not to interfere with the property of the petitioner, so also, not to demolish any part of the property of the petitioner without following rule of law. In the reply filed by the respondents alongwith affidavit of P.R. Beniwal, Dy. Town Planner, Urban Improvement Trust, Jodhpur, it is stated that presently respondents have not taken any decision for 2 removing the encroachment made on Mandore Road, Jodhpur, therefore, the present writ petition is premature and is liable to be dismissed. It is further stated in the reply that whenever any such drive is taken place, the answering respondents would certainly examine the legality of claim and title of the petitioner and will pass an appropriate order after giving ample opportunity to the petitioner in accordance with law. In the above facts and circumstances of the case, I deem it just and proper to dispose of this writ petition with a direction that as and when any decision is taken by the respondents to remove the encroachment made on Mandore Road, Jodhpur, then they shall comply with the assurance given by them in their reply to this writ petition. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-