A public interest petition alleging encroachment of agricultural land was considered. The Court closed the petition by directing the District Collector to make inquiries on the representations within four weeks.
petition closed; District Collector directed to decide representations and complete inquiry within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
:: ORDER ::
D.B. PIL PETITION NO.5670/ 2014
Om Singh Khurant Vs. The State of Rajasthan & Ors.
20.5.2014
HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA
Mr.Dinesh Yadav for the petitioners.
BY THE COURT (PER HON'BLE THE CHIEF JUSTICE) :
Heard Mr.Dinesh Yadav, learned counsel for the petitioner.
The instant application is one laid by a permanent resident of Village Dooni, District Tonk, an agriculturist, seeking to espouse a public cause against encroachment of siwai chak land measuring 13 Aier in khasra No.1822/ 5748 situated in Village Dooni, Tehsil Dooni, District Tonk, since converted into gair mumkin abadi on 12.10.2011. The petitioner has alleged that thereafter, one Ram Dev Teli, Ramavtar Teli and Prabhu Lal Kalal, in collusion with the Sarpanch of Gram Panchayat, Dooni, did encroach upon the said land and have resorted to construction works thereon. Several representations submitted by him to various authorities did not evoke any response. The notice for demand of justice served on the respondents on 18.1.2014 also remain unheeded. He has thus, turned to this Court for redress seeking removal of the encroachment and the structures on the aforementioned land. The learned counsel for the petitioner has reiterated the above.
2
Upon hearing Mr.Yadav and on a consideration of the pleaded facts
and the documents on record, we consider it appropriate to close this petition at this stage, by requiring the District Collector, Tonk to decide on the representations (amongst others, Annexure-3 to the petition) by making necessary enquries in accordance with law.
Ordered accordingly.
The District Collector, Tonk would afford reasonable opportunity to both sides and pass orders, as deemed fit and proper, having regard to the laws relevant to the issue. As the petitioner has contended that his representations have remained unattended since long, we consider it appropriate to require the above district authority to complete the process intended within a period of four weeks from the date of receipt of certified copy of this order. The petitioner is also left at liberty to file, alongwith the said document, a copy of the petition alongwith annexures thereto, so as to enable the District Collector, Tonk to do the needful in the right perspectives.
(VEERENDR SINGH SIRADHANA),J. (AMITAVA ROY),C.J.
Skant/ -
Al l t he cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng emai l ed.
Shashi Kant Gaur
1 issue framed by the court
Whether the writ petition should be closed by directing the District Collector to decide on representations regarding land encroachment.
Om Singh Khurant
The State of Rajasthan
Amitava Roy
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
