[2025:RJ-JP:17928] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6324/2025 Maliram S/o Shri Bhuraram, Aged About 74 Years, Resident Of Prem Jyotinagar Ward No.3, Srimadhopur Tehsil Srimadhopur District Sikar (Raj.). ----Petitioner Versus 1. Nagarpalika Sriamdhopur, Through Executive Officer Nagarpalika Srimadhopur District Sikar (Raj.). 2. Nagarpalika Sriamdhopur, Through Chairman Nagarpalika Srimadhopur District Sikar (Raj.). 3. Landholder State Of Rajasthan, Through Tehsildar Srimadhopur District Sikar (Raj.). 4. State Of Rajasthan, Through District Collector, Sikar (Raj.). 5. Gopal S/o Late Shri Rudaram, Resident Of Ward No.3 Srimadhopur District Sikar (Raj.). 6. Santosh Devi D/o Late Shri Rudaram W/o Shri Nekiram, Resident Of Ward No.3, Srimadhopur District Sikar (Raj.). ----Respondents For Petitioner(s) : Mr. Santosh Singh Shakhawat with Mr. Gajraj Singh Rajawat For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 29/04/2025 The present writ petition has been filed on behalf of the petitioner under Article 227 of the Constitution of India against the order dated 28.02.2025 passed by the Court of learned Civil Judge Shrimadhopur, Distt. Sikar, in Case No.61/2013 (C.I.S. No.552/2014), whereby the application under Order 14 Rule 5 with 151 C.P.C. filed by the petitioner, was dismissed. Learned counsel for the petitioner submits that the respondents have encroached upon the khatedari land of the [2025:RJ-JP:17928] (2 of 3) [CW-6324/2025] petitioner-plaintiff, which is a public way built on the eastern side of the agricultural land, by constructing a permanent cemented road. Learned counsel further submits that the petitioner filed a civil suit before the learned Court below to restrain the respondents from making any kind of encroachment over the khatedari land of the petitioner-plaintiff. It is further submitted that the application filed by the petitioner under Order 14 Rule 5 r/w 151 C.P.C. for framing an additional issue, was dismissed by learned Court below without considering the facts & circumstances of the case. Thus, learned counsel for the petitioner prays for framing an additional issue in the questions framed by the learned Court below on 30.09.2021, and issuing a direction to the respondents to remove the constructions made on the khatedari land of the petitioner-plaintiff at their own expenses. Therefore, the present writ petition may be allowed. Heard learned counsel for the petitioner & gone through the impugned order dated 28.02.2025 and the other material available on record. Perusal of the impugned order dated 28.02.2025 reveals that that the issues in this case have already been framed by the learned Trial Court on 30.09.2021 and the issue No.2 has been framed in the context of mandatory injunction only. The Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order dated 28.02.2025. Hence, there is no scope [2025:RJ-JP:17928] (3 of 3) [CW-6324/2025] for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /11