[2025:RJ-JP:8987] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3141/2025 1. Sanjay Sharma S/o Sh. Devendra Kumar Sharma, Aged About 40 Years, R/o Manda Chauraha, Joshi Bhawan, V And P Khatu Shyamji, Ward No. 17, Tehsil Dataram Garh, Distt. Sikar, Rajasthan Pin- 332602. 2. Gopi Mohan Sharma S/o Sh. Devendra Kumar Sharma, Aged About 46 Years, R/o Manda Chauraha, Joshi Bhawan, V And P Khatu Shyam Ji, Ward No. 17, Tehsil Dataram Garh, Distt. Sikar, Rajasthan, Pin- 332602. ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur, Rajasthan. 2. The Executive Engineer, Public Works Department (Pwd), Sikar. 3. The Sub. Divisional Magistrate (Sdm), Khatu Shyam Ji, Tehsil Dataramgarh, Distt. Sikar. 4. Executive Officer, Nagar Palika Mandal, Khatu Shyam Ji, Tehsil Dataramgarh, Distt. Sikar. ----Respondents For Petitioner(s) : Mr. Ankur Rastogi For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/02/2025 1. Petitioners have invoked the writ jurisdiction of the High Court under Article 226 of the Constitution of India, praying to stop the action of respondents pursuant to Public Notice dated 03.02.2025 (Ann-1), issued by the Executive Officer, Nagar Palika, Khatushyam Ji, District Sikar and alternatively have prayed that in case, construction of petitioners is required to be demolished, then appropriate compensation be awarded before demolition of their [2025:RJ-JP:8987] (2 of 3) [CW-3141/2025] construction. For ready reference, the Public Notice dated 03.02.2025 reads as under:- "dk;kZy; lgk;d vfHk;Urk lkoZtfud fuekZ.k foHkkx mi[k.M nkarkjkex<+ ds i= Øekad 358 fnukad 27-01-2025 ds vuqlkj èkqM+e.Mh ls xksYMu okVj ikdZ [kkVw';keth rd LVsV gkÃos & 113 ij 100 Q+hV pkSM+k jkLrk çLrkfor gSA rglhy dk;kZy; ,oa iVokjh }kjk lhekKku djrs gq, vfrØe.k fpfUgr fd;k x;k gS vr% vki lHkh dks funsZf'kr fd;k tkrk gS dh mä lM+d ekxZ ij gks jgs LFkk;h o vLFkk;h vfrØe.k dks vkxkeh rhu fnol esa gVk ysos vU;Fkk P.W.D., uxj ikfydk la;qä dk;Zokgh djrs gq, gVok;k tkosxk bl lEcUèk esa fdlh dks dksà vkiÙkh gks rks rhu fnol esa e; nLrkost+ viuh vkiÙkh ikfydk esa çLrqr djs ckn fe;kn bl rjQ+k dk;Zokgh vey esa yk;h tkosxhA lwfpr jgs A" 2. Counsel for petitioners submits that in the guise of Public Notice dated 03.02.2025, respondents are going to demolish the established and old construction of petitioners including shops and residential portion constructed on the land of Khasra No.1439/1/1 measuring 450 Sq. Yards, allotted by the Tehsildar vide Sanad dated 15.05.1996 (Ann-4). Petitioners have enclosed few photographs of their construction and it has been argued that petitioners have not made any encroachment over the public road, which is required to be widen, hence, respondents be restrained not to proceed for demolition of their construction pursuant to the Public Notice. 3. Having perused the documents placed on record and the arguments made by counsel for petitioner, this Court finds that the writ petition involves disputed question of facts which can be appreciated and adjudicated after recording evidence by both [2025:RJ-JP:8987] (3 of 3) [CW-3141/2025] parties. It is open for petitioners to establish their property rights in respect of land of Khasra No.1439/1/1, on the basis of Sanad (Ann-4) issued by the Tehsildar and to establish that their possession is not on any part of the public way, sought to be widen as per Public Notice dated 03.02.2025. 4. This Court, in exercise of its writ jurisdiction, is not inclined to entertain all such disputed question of facts for adjudication on merits and relegate the petitioners to approach before the Civil Court or Revenue Court as per their legal advice. 5. In view of aforesaid discussion and leaving it open for the petitioners to approach before the Civil Court or Revenue Court, instant writ petition is hereby disposed of. 6. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /161