1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6468 of 2007 JORA RAM & ANR. V/S STATE & ORS. Mr. NARPAT SINGH, for the appellant / petitioner Mr. DS RAJVI, Mr. NM LODHA, AAG, for the respondent Date of Order : 11.9.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the parties. By order, Annex.8, the Collector had already written to the SDO, in response to the letter of the SDO, regarding allotment of land for the school from out of Khasra No.277 or 280, to the extent of 0.15 bigha, and directed the SDO to identify such land, as may be adjacent to the existing school building, and ensure construction of the school. It appears that there has been some litigation in the trial Court, by way of a representative suit, and therein, temporary injunction application had been filed, which ultimately came to be decided by the learned District Judge, who clearly ordered, after examining the comparative merits, that the defendants therein are free to raise 2 construction on Khasra No.280. This order was passed in the background of the facts, that it was alleged that the construction is being raised on Khasra No.279, while according to the defendants, the construction is being raised on Khasra No.280. Khasra No.279 was alleged to be Gair Mumkin Rasta. Be that as it may. The fact does remain that undisputedly the existing school building happens to be existing in such a manner that it covers part of Khasra No.277, part of Khasra No.279 and part of Khasra No.280 as well, however the construction, which has been started is on the south-western corner, practically adjacent to the existing school building, and that portion of the land, whereon construction is commenced, happens to be situated in Khasra No.280. Financial and administrative sanction for construction of the school building in the sum of Rs.4.25 lacs has already been granted vide Annex.2, way-back on 17.2.2004. In such circumstances, in our view, when the work has already been started, and came to be hindered on accounts of the litigation initiated in the trial Court by way of representative suit, wherein also things have been clarified, there should possibly be no objection on the part of the respondents, in completing the construction, which is reported to have reached to the plinth level. Accordingly, the writ petition is disposed of 3 directing the respondents to expeditiously complete the construction of the school building at the place, where the construction has been started, and in accordance with the sanction Annex.2. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/