1 D.B.Civil Writ Petition (PIL) No.8892/2008 Hemant Avchar & ors. V/s State of Raj. & ors. 9.3.2009 Hon'ble the Chief Justice Mr.Deepak Verma Hon'ble Mr.Justice N.P.Gupta Mr.C.S.Kotwani for the petitioners. Mr.Sandeep Bhandawat for respondents no.1 and 4. Mr.K.K.Bissa for respondents no.2 and 6. Mr.P.Nayak for respondent no.5. None for respondents no.3 and 7 even though served. This is a petition under Article 226 of the Constitution of India in the nature of public interest litigation. The controversy is with regard to piece of land admeasuring 25x20' situated in village Partapur. According to petitioners, the said piece of land was allotted to respondent no.5 for construction of pyau, but, respondent no.5 has constructed a commercial shopping complex, and community centre thereon and also encroached on some adjoining land. It was, therefore, contended that the purpose for which the land was allotted has not been put to proper use. So far respondent no.5 alone has filed its reply denying averments made in the petition. It has also been contended by respondent no.5 that petitioners have the remedy of filing appeal, revision and review against the order passed by Standing Committee of Gram Panchayat and the same having not been availed of, no interference is called for in this petition. Another ground that has been taken by respondent no.5 is that disputed questions of facts are involved in this petition, which cannot be gone into and the remedy of petitioners lies elsewhere. Rejoinder to the same has been filed by petitioners. After having heard learned counsel for the parties and after perusal of the record, we are of the considered opinion that several disputed questions of facts are involved in this petition, which cannot be gone into here. Remedy of petitioners lies in filing a civil suit before the competent court, which would be in a better position to 2 adjudicate the controversy which has been projected by both sides. Thus, no case for interference in this petition has been made out. It is accordingly disposed of giving liberty to the petitioners, if they so stand advised, they may avail of the remedy of filing civil suit before the competent civil court. Petition stands finally disposed of, but with no order as to costs. (N.P.Gupta)J. (Deepak Verma)CJ Parmar