1. Heard learned counsel for the petitioners.
2. The present writ petitioner has been filed with the following prayers:-
"a. That by an appropriate writ, order and direction the act and omission of the respondents for removal or demolish the houses of the petitioners situated at their Pattasud land (Annexure-9) may kindly be declared illegal and arbitrary and in violation of the Article 21 of the Constitution of India.
b. That by an appropriate writ, order and direction may kindly be issued against the respondents and directed that the respondent should not interfere in the enjoyment upon the land mentioned in the Patta (Annexure-9) of the petitioners, the respondents further may restrained from destroy and demolish of the houses of the petitioners situated at village Kaalijall, Tehsil Luni, District Jodhpur.
c. That by an appropriate writ, order and direction may kindly be issued against the respondent state authority that a proper scheme may kindly be implement for provide the roofs and residential accommodations to the petitioners in case if they remove from the present houses for purpose to livelihood and if the government will necessary to removal the houses of the petitioners from the land in question then fist upon all the petitioners should provide alternate residential accommodation in village Kaalijaal."
3. Learned counsel for the petitioners submits that the present writ petition has been filed in pursuance of the directions issued by a Division Bench of this Court in D.B. Civil Writ Petition No.6111/2017 (Ganpat Singh & Ors. vs. State of Rajasthan & Ors.) vide order dated 09.11.2020 and an appropriate application has also been filed in the D.B. Civil Writ Petition No.6111/2017.
4. Learned counsel for the petitioners further submits that on the application preferred by the present petitioners, the Division Bench on 16.12.2020 passed the following orders:-
“Vide order dated 09.11.2020, directions were issued by this Court to J.D.A., Jodhpur, the District Collector, Jodhpur and State authorities to remove all the encroachments made on the disputed land in respect whereof no proceedings are pending before any civil court of competent jurisdiction or where no interim orders are operating. The respondents were directed to file compliance report before the next date of hearing. Learned Additional Advocate General submits that the encroachments were to be removed by the Jodhpur Development Authority, Jodhpur (JDA), and the District Collector, Jodhpur had issued directions/instructions to JDA to remove the encroachments. A perusal of the order dated 09.11.2020 reveals that unequivocal directions were issued by this Court to JDA, Jodhpur, the District Collector, Jodhpur and the concerned State authorities to remove the encroachment. It is really strange that the District Collector and the State Authorities, who were under an obligation to ensure that the encroachments made are removed, did not care to do the needful for removal of encroachments, as directed by this Court. No compliance report has been filed on behalf of the JDA or District Collector or the State Authorities. The inaction on the part of J.D.A., Jodhpur, the District Collector, Jodhpur and the State authorities in not removing the encroachments as directed by this Court and not filing the compliance report, amounts to willful disobedience of the order passed by this Court. Let notices be issued to Commissioner and Secretary, JDA, Jodhpur and the District Collector, Jodhpur to show cause as to why they may not be punished for willful disobedience of the directions issued by this Court. They are directed to remain present before this Court on the next date of hearing. Some of the occupants of the land have preferred application before this Court for impleading them as party- respondents in the matter. List the matter on 18.01.2021.In the meantime, the encroachments, if any, alleged to have been made by the applicants before this Court, shall not be removed till the next date of hearing, if the Patta(s) alleged to have been issued in their favour are found valid, after due inquiry.”
5. Learned counsel for the petitioners also submits that in pursuance of the directions issued by the Division Bench on 16.12.2020, the inquiry has yet not been initiated against the petitioners so far with respect to the correctness of the Pattas issued to them. He, therefore, prays that the respondents may hold an inquiry with respect to the veracity and genuineness of the pattas issued to the petitioners.
6. In view of the submissions made before this Court and the directions issued by the Division Bench, the ends of justice will be met if the present writ petition is disposed of with a direction to the respondents to hold an inquiry with respect to the genuineness and correctness of the Pattas of the petitioners in accordance with law after giving reasonable opportunity of hearing to the petitioners.
7. The conclusion of the inquiry shall be informed to the petitioners and a copy of the inquiry report shall also be placed on record of DBCWP No.6111/2017.
8. Since the Division Bench has already protected the interest of the petitioners, the same will continue till the completion of the inquiry.
9. The writ petition stands disposed of in the above terms.