In a contempt petition for non-compliance with a writ order on encroachments, the court disposed of the matter directing rehabilitation of encroachers on specific pasture land.
Rehabilitation of encroachers considered on Khasra No.232 land; contempt petition disposed of with observations.
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Ccp278/2013
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER IN S.B. Civil Contempt Petition No.278/2013 In S.B. Civil Writ Petition No.20459/2012
Mangilal Jangir Vs. Mr. Dr. Malvika Panwar and Others
Date of Order ::: 06.08.2015
Present Hon'ble Mr. Justice Mohammad Rafiq
Shri Sanjay Sharma, counsel for petitioner Shri Dharmendra Pareek, Additional Government Counsel, for respondents
By the Court :-
Shri Dharmendra Pareek, learned Additional Government Counsel, submits that all encroachments have been removed except encroachment on land of Khasra No.1/4 measuring 2 bigha, situated in Village Dalniya, Tehsil Phagi, District Jaipur. After order of this court, of which non-compliance is alleged, proposals have been sent to the State Government for regularization of possession of persons belonging to Scheduled Tribes (Bawaria) community.
Learned counsel for petitioner submits that if at all land of aforesaid khasra falls in midst of entire chunk of pasture land and if possession of encroachers is allowed to be regularized, it would affect the pasture land and that if at all they are required to be rehabilitated, the respondent State may consider doing so on the land of Khasra No.232, measuring 2 bigha 5 biswa, which is on the outer edge of pasture land.
Having heard learned counsel for parties and
Ccp278/2013
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perused material on record, I find that the encroachers are having 'kachcha' construction and admittedly such constructions have been made after encroaching the pasture land. They are having old possession and constructed 'kachcha' houses. Respondents State may consider rehabilitation of these persons on the land of Khasra No.232, measuring 2 bigha 5 biswa, which is on the outer edge of the pasture land.
The contempt petition is accordingly disposed of, however, with aforesaid observations. If however, any further grievance survives, it would be open to the petitioner to again approach this court.
(Mohammad Rafiq) J.
//Jaiman//72
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW
1 issue framed by the court
Whether the non-compliance regarding removal of encroachments warrants continuation of contempt proceedings or disposal on merits.
Mangilal Jangir
Dr. Malvika Panwar
Mohammad Rafiq
As recorded by the court registry
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