1/2 10 D.B. CIVIL WRIT PETITION NO.256/2003. [Vinod Singh Rathore Vs. State of Raj. & Ors.] Date of Order : 14.01.2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY, HON'BLE JUSTICE MR. MOHAMMAD. RAFIQ Mr.G.J.Gupta for the petitioner. Mr.Shyam Ladrecha GA for the State. ***** Heard Mr.G.J.Gupta, learned counsel for the petitioner and Mr.Shyam Ladrecha GA appearing for the respondent State. This Public Interest Litigation was filed by the petitioner in the Year 2003 alleging that a public road situated in Village Aasan in District of Hanumangarh has been barely encroached upon resulting into much inconvenience to the public of the locality. It is submitted by the learned counsel for the petitioner that in this regard he moved before the Collector, Hanumangarh and also to the Sarpanch of the area, but nothing was done. It is further submitted that despite best efforts of the public of the area, their grievance could not be redressed, hence this Public Interest Litigation application was filed. It is manifest from the material on record that the public road exist in Village Aasan but there is nothing specific to show that the same has been encroached by particular person or a group of persons. At the same time, it appears that for adopting the remedial measures, the petitioner could not have invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India especially when he had an efficacious remedy both under the provisions of the Code of Civil Procedure and the Code of Criminal 2/2 Procedure, 1973. In absence of any attempt made on behalf of the petitioner either to take recourse to the provisions of the Code of Civil Procedure or that of the Code of Criminal Procedure, in our view the extra ordinary power need not be exercised by this Court. Extra ordinary jurisdiction is exercised by this Court only when there is no other remedy available in law. More so, while entertaining the Public Interest Litigations due care should be applied and sparingly this power should be exercised by the Court. In the given facts and circumstances, therefore, we do not find any reason to interfere in the matter. This Public Interest Litigation is, accordingly, dismissed. The petitioner, if so advised, may take recourse to the specific provisions of law as indicated above by way of remedial measures. No costs. (MOHAMMAD RAFIQ),J. (NARAYAN ROY) C.J. /mamta/