1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT DB Civil Special Appeal (Writ) No. 205/2010 in SB Civil Writ Petition No. 10964/2009 Kailash & ors Vs State of Rajasthan & ors 21.4.2010 Hon'ble Mr Justice Dalip Singh Hon'ble Mr Justice MN Bhandari Mr Nawal singh Sikarwal – for appellants Mr Lokesh Sharma – for respondents BY THE COURT: The short dispute involved in the present matter is as to whether road is constructed or is going to be constructed on the land bearing khasra No.877 of Village – Toda Meena, Tehsil – Jamuwa Ramgarh, District – Jaipur or it is being constructed on the land bearing khasra No.911 of the same village. According to non-appellants the road is constructed on land bearing khasra No.911 and not on khasra No.877 which otherwise belongs to appellants herein. 2 In view of statement of learned counsel for non- appellants, based on the reply to the writ petition, there remains no controversy for our decision. It has been admitted by learned counsel for appellants that the land bearing khasra No.877 belongs to them and now in view of statement made by learned counsel for non-appellants that the road is constructed on the land bearing khasra No.911 of Village – Toda Meena, we dispose of this appeal with the following observations:- i) Non-appellants would be at liberty to construct the road in question on the land bearing khasra No.911 of Village- Toda Meena, Tehsil – Jamuwa Ramgarh, District – Jaipur; and ii) In view of statement of learned counsel for non- appellants based on reply to the writ petition, road is not constructed on the land bearing khasra No.877 of Village – Toda Meena. In view of above, stay application also stands disposed of. (MN Bhandari), J. (Dalip Singh) J bnsharma