1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 1564/2006 Gram Jhalana Vikas Samiti Vs State of Rajasthan & ors 13.12.2010 HON'BLE MR JUSTICE MN BHANDARI Mr RR Sharma - for the petitioner Mr S Kumawat for respondent No.3 Mr Imran Khan – for respondent No.2 BY THE COURT: This writ petition has been filed alleging encroachment on the land belonging to a government school. It is stated that government school was running on the disputed land, however, respondent No.3 encroached upon the aforesaid land at the time when survey of Kachchi Basti was going on. It was with a view to create a right in favour of respondent No.3. On account of encroachment on the school land, the students taking education are suffering. Earlier, a suit was filed by the respondent No.3 against petitioner and others, which was decreed in favour of respondent No.3 but with liberty that eviction can be effected save with the compliance of provisions of law. Appeal so preferred was dismissed. This petition has been preferred by the 2 petitioner to seek legal recourse for removal of encroachment of respondent No.3. Learned counsel for respondent No.3 submits that there exist no encroachment on the government land. The school land exist separately and is running there in the same area itself i.e. in Jhalana Kachchi Basti area. In view of aforesaid only injunction order was passed in favour of petitioner in a suit filed by him and thereby petitioner was restrained to take action against him. Learned counsel for the JDA submits that JDA could not take any action as respondent No.3 was allotted survey number. It was done by the office of the Collector. Hence, till date neither any enquiry has been made nor any action has been taken to find out as to whether there is encroachment on the school land or not. However, if any direction is given, the respondent JDA will take action. I have considered rival submissions made by learned counsel for the parties and perused the record of the case. This is a question of fact whether the land on which respondent No.3 is having possession belongs to the school or not. Though a suit for injunction was earlier preferred that too by the 3 respondent No.3 and therein JDA was not the party. So far as JDA is concerned, they have not come out with a candid stand that land belongs to the school or not. They have not taken any action on account of allotment of survey number. Looking to the aforesaid, it is necessary to find out as whether the land in dispute belongs to school. This is more so when while decreeing the suit, a liberty was given for eviction save as per the provisions of law and now petitioner has prayed for legal action. To find out aforesaid, JDA is directed to look into the mater and make an enquiry as to whether the land in dispute was belonging to government school. In the enquiry, petitioner and respondent No.3 may be allowed to participate to prove their respective cases. If it is found that the land in dispute was belonging to school, the JDA is directed to take appropriate action for removal of encroachment therefrom. The JDA is directed to complete necessary exercise within a period of six months from today. With the aforesaid directions/ observations, this writ petition stands disposed of. (MN BHANDARI), J. bnsharma