1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B.CIVIL SPECIAL APPEAL (WRIT) No.546/99 in S.B. CIVIL WRIT PETITION No.1153/99 JAIPUR DEVELOPMENT AUTHORITY V/s SMT. TRIPTI DHAWAN & Anr DATE OF JUDGMENT ::: MARCH 25, 2008 PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri N.K. Joshi, Senior Advocate, with Shri Sanjay Joshi, for the appellant. Shri Rajendra Prasad, for respondents. BY THE COURT : (ORAL) Heard learned counsel for the parties. Jaipur Development Authority appellate Tribunal vide order dated June 19, 1998, restrained the Jaipur Development Authority (for short 'J.D.A.'), appellant herein, not to reduce the area of Plot No.36 (new number 48), not to demolish any constructions made therein and not to create any obstruction in the use of aforesaid plots in 2 questions. The said order was assailed by the J.D.A. before the learned Single Judge by filing writ petition under Article 226 of the Constitution of India. Learned Single Judge vide order dated March 11, 1999 dismissed the writ petition. The J.D.A. has now come up in intra court appeal before us. It is contended by the learned counsel for the appellant that the respondent was trespasser and no injunction could be issued in favour of the respondent, since the respondent No.1 did not have any legal right over the land. It is further urged that width of the road was 30 ft. and it was reduced at north west corner of plot to 11-12 ft. There is no permanent construction except the boundary wall and garage over the encroached portion. In our opinion, the disputed question of fact cannot be gone into in intra court appeal. For these reasons, the appeal being devoid of merit stands dismissed 3 without any order as to costs. (Guman Singh), J. (Shiv Kumar Sharma), J. Chauhan/