D.B. CIVIL WRIT PETITION (PIL) NO.9531/2006 Villagers of Village Daulatpura (Benar), Tehsil Amer, District Jaipur. Vs. State of Rajasthan & Ors. Date of Order :: August 06, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sanjay Joshi for the petitioner(s). Mr. Sandeep K. Sharma on behalf of Dr. Swati Bhati, Pt. Giriraj Bardhar with Mr. Mohan Choudhary and Ms. Vimlesh Choudhary, Mr. Suresh Naraniya, Mr. Manoj Pareek for the respondents. *** Heard learned counsel for the parties. This PIL application has been filed on behalf of the petitioners praying therein for necessary directions to the respondents-authorities and also individual respondents to vacate the land in question which belongs to Senior Secondary School, Govindpura, Tehsil Amer, District Jaipur. According to the case of the writ petitioners, land bearing Khasra no.462 measuring 4½ bighas situate at Village Daulatpura (Benar) at Panchayat Samiti, Khorabisal, Tehsil Amer, District Jaipur, was recorded in revenue records as khasra girdawari of Samwat 2009- 2012 in the name of playground (Gairmumkeen School Ground) of Senior Secondary School, Govindpura. It is submitted that the private respondents no.5 to 17 have encroached upon the school land which was being used as playground and they are using the same in a most unauthorized manner. Replies have been filed by the private respondents and respondents no.1 to 4 stating therein that claim of the writ petitioners is not well-founded and the private respondents are coming in possession of the land in question by virtue of settlement. -2- Inter-se dispute is being raised in this PIL application. There is claim and counter-claim and such type of claim and counterclaim, in our view, cannot be decided in writ jurisdiction and particularly in this PIL application. In case unauthorized persons have trespassed into the land of the school, the school may have its remedies under the provisions of law and particularly under the provisions of the Rajasthan Tenancy Act by filing properly constituted suit for ejectment of the unauthorized trespassers. Seeing the nature of grievances raised and the claims put-forth by the private respondents, in our view, disputed questions should not be decided in our jurisdiction under Article 226 of the Constitution. In this view of the matter, this PIL application is dismissed with a liberty to the writ petitioners to seek remedy in accordance with law for redressal of their grievances as indicated above. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-