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Judgment
This PIL petition has been filed by the petitioners with the prayer that the respondents be directed to remove the encroachment and constructions made by the encroachers on the Public land (chowk) situated at Khasra No. 762, village Pacheri Kalan, Tehsil Buhana, District Jhunjhunu (Raj.) and further to remove the illegal construction being raised by the respondents no. 1 to 12 and restore the same to its original shape.
Learned counsel for the petitioners submits that the aforesaid common chowk is in use of all public at large from years together and thus, the residents of village have customary right to use the land. He further submits that a group of persons is bent upon to encroach upon the public chowk, but none of these persons has any legal right in the aforesaid land.
Heard. Considered.
This PIL petition has been filed by 5 persons, who are residents of village Pacheri Kalan, Tehsil Buhana, District Jhunjhunu.
On askance by the Court to the counsel for the petitioners to file a representative suit in this matter, he concedes that a representative suit was filed by the petitioners before Sr. Civil Judge, Khetri, wherein vide order dated 27.3.2019, their application for temporary injunction was dismissed. A Civil Misc. Appeal No. 3/2019 laid there-against was also dismissed by the Addl. District Judge, Khetri vide order dated 29.4.2019. He has passed over a copy of the order dated 29.4.2019 passed by Addl. District Judge, Khetri in Civil Misc. Appeal No. 3/2019, which is taken on record. On a query by this Court as to whether the aforesaid representative suit is still pending or has been decided, he has failed to give any answer.
In this view of the matter, when representative suit was filed by the petitioners; their application for Temporary Injunction was dismissed by the Trial Court vide order dated 27.3.2019; and appeal laid there-against was also dismissed by the Appellate Court vide order dated 29.4.2019, the present PIL petition filed at the instance of the petitioners is not maintainable and the same is liable to be dismissed, which stands dismissed accordingly.