Pursuant to our earlier order dated September 4, 2012, the State has affirmed additional affidavit. It appears from the affidavit that 67 plots were sold out from 81 plots and as per records available, the land sold in 67 plots was admeasuring 32,677.57 sq. mtrs. and out of the remaining land in accordance with the revenue record available, the land still not recorded to be sold out is 24,320.10 sq. mtrs. which also includes common plot, internal roads and other unsold plots. The petitioners could not come out with any further affidavit denying the assertion of the State-respondent.
In such circumstances, we find that the assertion of the petitioners in this writ-application regarding encroachment was baseless. We, accordingly, dismiss this writ-application with costs assessed at Rs.20,000/- (Rupees twenty thousand). The costs to be paid to respondent Nos.1 and 2. Rule is discharged.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) zgs/-