Badri Lal Jaat And Others vs State Of Rajasthan And Others

Sanjeev Prakash Sharma, J

The petitioners by way of this writ petition have prayed as under:-

“It is, therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction and in the nature thereof, the

Hon’ble Court may kindly:

I) Call for the entire record pertaining to the case and after examining the same the Hon’ble Court may kindly be pleased to direct the revenue

authorities to remove the encroachment and restore encroachment area of village pond and make sure that no further encroachment is made in future.

II) Any other order or direction which may be deemed fit to the facts and circumstances of the case, may kindly be pleased in favour of the petitioner.

III) Cost of the writ petition may kindly be awarded to the petitioner.â€​

Several photographs have been attached by learned counsel for the petitioners and it is submitted that encroachments are being done on the area

which is meant for pond.

This court is of the firm view that in writ jurisdiction factual aspects cannot be examined nor factual findings can be arrived at. More so, only on the

basis of photographs, it cannot be assessed that there is an encroachment on the pond area. Revenue laws lay down specific forum for raising such

grievance.

Allowing the petitioners to take up the matter under the concerned laws, the present writ petition is accordingly dismissed.