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Judgment
Writ petition No.3555/1992 was filed in representative capacity by Hind Mazdoor Kishan Panchayat. The beneficiaries were 38 persons. It was pleaded therein that the said 38 persons structures from which items have established for day to day consumption were sold. Grievance was that the respondent was taking coercive action to throw them out. The writ petition was dismissed on March 4, 1997, holding that encroachers have no authority to trespass upon and occupy the land which was a playground abutting a school. The school was established on land belonging to the Gram Panchayat and as per resolution passed by the Gram Panchayat, was given for establishing school.
Thereafter D.B. Civil writ petition No. 12778/2016 was filed, which was a public interest litigation. Grievance wherein was that inspite of S.B. Civil Writ Petition No. 3555/1992 being dismissed, the State was not taking any action to remove the encroachers.
On April 4, 2017 the said writ petition was disposed of. It was directed that the encroachment from the playground would be removed.
In the instant writ petition the petitioners averred the area allocated to the playground is not as mentioned in D.B. Civil Writ Petition No. 12778/2016. The grievance is to the removal of the petitioners from the sites occupied by them.
Suffice it to record that while deciding D.B. Civil Writ No. 12778/2016 this Court had not gone into the factual controversy, because none was raised, regarding the sites and the area of the playground.
The writ petition is accordingly disposed of recording a noting as above. By implementing the directions issued by the Division Bench the authority would first determine the situs and the area of the playground and in said proceeding for determining the situs and area of the playground the petitioners herein would be entitled to be heard.