Idan vs State Of Raj. & Ors

The instant writ petition has been preferred by the petitioner under Article 226 of the Constitution of India in order to restrain the respondents from taking out a road through the petitioner's agriculture land.

In the reply filed on behalf of the State Government, the petitioner's apprehension that the respondents would take out a road through his land has been countenanced as being conjectural. Rather, it is pleaded that the road from Village Bitu to Kerla Station passes through Government lands of khasra nos.492 and 487.

In the reply filed to the writ petition on behalf of the respondent no.3 - Sarpanch, Gram Panchayat, Bitu, it has been alleged that the petitioner had encroached upon the government land of khasra nos.492 and 493 and thus, the writ petition should be rejected as being devoid of any merit.

Learned counsel for the petitioner states that as the State Government has filed a reply with the specific averment that there is no proposal to take out the road through the petitioner's agricultural land, the writ petition may be disposed of.

In view of the above noted submissions, the instant writ petition is disposed of requiring the parties to abide by the metes and bounds of the lands standing in their respective names. In case, the respondents propose to take out road through the land of the petitioner, lawful process of acquisition shall be undertaken.

However, in case, the petitioner has trespassed over Government land, the respondents shall take appropriate proceedings to evict him from the encroached land, if any, and shall be entitled to construct a road on such land without any hindrance being created by the petitioner.

Stay petition also stands disposed of.