[2025:RJ-JP:1078] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 121/2025 Prakash S/o Shri Rekha Ram, Aged About 45 Years, R/o Trimurthi Wali Gali, Sikar, Tehsil And District Sikar (Rajasthan). ----Non-Complainant No.3-Petitioner Versus 1. Goverdhanlal S/o Durgalal, Aged About 50 Years, R/o Ward No. 40, Om Nagar, Radhakishanpura, Sikar, District Sikar (Rajasthan). 2. Hariprasad S/o Ramniwas, Aged About 35 Years, R/o Ward No. 40, Omnagar, Radhakishanpura, Sikar. ----Complainants-Respondents 3. Nagar Parishad, Sikar Through Its Commissioner. 4. District Collector, Sikar. 5. Mohammad Ali S/o Kamaludeen, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 6. Yusuf S/o Gaffur, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 7. Saleem S/o Maner Khan, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 8. Najir S/o Yasin Khan, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 9. Alam Sher S/o Shokat Ali, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 10. Kanaram S/o Seduram, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 11. Nisar S/o Rahman, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 12. Vakil S/o Rahman, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 13. Nisar S/o Kadar Ali, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 14. Liyakat S/o Kadar Ali, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 15. Sheoram S/o Sohanlal, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 16. Vimla W/o Ramu Jangid, Resident Of Trimurti Wali Gali, Sikar, Tehsil And District Sikar. 17. Suresh S/o Banwarilal, R/o Ward No. 53, Trimurti Wali Gali, Sikar. ----Non-Complainants No.1, 2 and 4 to 16-Respondents [2025:RJ-JP:1078] (2 of 3) [CW-121/2025] For Petitioner(s) : Mr. Sunil Kumar Singodiya with Ms. Vinita Saini For Respondent(s) : HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 08/01/2025 This writ petition filed under Article 227 of the Constitution of India is directed against the award dated 04.10.2024 passed by the learned Permanent Lok Adalat, Sikar (for brevity, “the learned Permanent Lok Adalat”) in case No.107/2019 whereby, a direction has been issued to the Municipal Council, Sikar to remove the encroachment on the public way from the entrance of the Trimurti Mandir till its final exit as also to remove the garbage thereupon in accordance with law. Learned counsel for the petitioners, inviting attention of this Court towards the order sheet of the learned Permanent Lok Adalat dated 26.06.2023, would submit that his name was deleted from the array of non-applicants still, in the cause title of the award impugned, he has been reflected as non-applicant No.3. He further submits that in the garb of the award impugned, he has been served upon with a notice to remove his possession from the subject way. He, therefore, prays that the writ petition be allowed and the award impugned dated 04.10.2024 be quashed and set aside qua him. Heard. Considered. The order sheet dated 26.06.2023 passed by the learned Permanent Lok Adalat reflects that the name of the petitioner- non-applicant No.3 was deleted from the array of non-applicants but, his name figures as non-applicant No.3 in the award [2025:RJ-JP:1078] (3 of 3) [CW-121/2025] impugned. However, a perusal of the direction issued by the learned Permanent Lok Adalat vide its award impugned dated 04.10.2024 does not reflect any specific direction against him or, for that matter, against any of the private non-applicants therein. Rather, a general direction has been given to the Municipal Council, Sikar to remove the encroachment as well as garbage from the public way from entrance of the Trimurti Mandir till final exist. Despite opportunity, learned counsel for the petitioners could not satisfy this Court that any prejudice is caused to him by the aforesaid direction in the impugned award dated 04.10.2024. Even otherwise, it goes without saying that every public authority is under an obligation to ensure that the public way is free from encroachment. In view thereof, this Court finds no illegality in the directions issued vide award impugned dated 04.10.2024. In so far as submission of the learned counsel for the petitioner qua issuance of a notice to him to remove his possession from the subject way pursuant to the direction in the award impugned, is concerned, suffice is to say that no such notice has been placed on record by him to substantiate the averment and to examine its validity in absence whereof, the plea is no help to him. Accordingly, this writ petition is dismissed being devoid of merit. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J GAURAV/65