High CourtsDivision Bench(2016) 09 RAJ CK 0046

Prof. K.B. Agarwal vs State of Raj.

Rajasthan High Court · Decided on 12 September 2016 · Citation: (2016) 4 WLN 451

HON’BLE JUDGES
Mr. K.S. Jhaveri and Mr. Banwari Lal Sharma, JJ.
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petition No. 1373 of 2016

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Judgment

10 paragraphs · 223 words

Prayers made in the writ petition read as under:

"(a) to direct the respondents No. 3 and 4 to remove illegal constructions raised by respondent No.4 in the premises of Harsh Bihariji temple, Kishan Pole Bazar, Jaipur.

(b) to direct the respondent Nos. 2 and 3 to remove encroachments in and outside Harsh Bihari Ji temple, Kishan Pole Bazar, Jaipur as per the maps available with them.

(c) to direct the respondent No.3 to impose penalty on the respondent No.4 for illegal construction and encroachments.

(d) to direct the respondents No. 2 and 3 to restore the condition of the temple as it was in 18th Century. As per the maps available with them.

(e) to direct the respondent No.5 to see that the illegal constructions raised and encroachment caused by the respondent No.4 are removed;

(f). Any other order which the Hon''ble court deems fit and proper in the facts and circumstances of the case may be granted."

2.

We are of the considered opinion that proper remedy for the petitioner is to approach State Government under Public Trust Act or civil court for restraining the respondents.

3.

In this Public Interest Litigation, no interference is required. It is made clear that we have not expressed any opinion about legality of the action of the respondents.

The petition is disposed of accordingly.