The High Court, in a writ petition regarding encroachments on public land, upheld a prior PIL direction and directed the petitioners to lodge a representation with the designated Public Land Protection Cell for the matter to be considered.
Petitioners directed to approach PLPC Jodhpur; Writ Petition disposed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 1487/2019
Govind Singh S/o Shri Mohan Singh, Aged About 63 Years, Village - Salwa Khurd, Post - Pipar Road, Tehsil Pipar City, District - Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Mansoor Ahmed Siddiqui For Respondent(s) : Mr.Babu Lal Bishnoi
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/12/2019
Heard learned counsel for the petitioners as well as learned Addl. Advocate General for the State.
Petitioners have made a complaint about the encroachments on Gochar Land of Khasra Nos.394, 177, 522, 641, 519, 513 and 505 and encroachment upon the road passing through Salwa Khurd to Bara Khurd and encroachment made on Gair Mumkin Rasta towards Nawodi Naadi of the revenue village Salwa Khurd, Tehsil- Pipar City, Jodhpur
Earlier the Jaipur Bench of this Court in Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition
(2 of 3)
[CW-1487/2019]
(PIL) No.10819/2018 – vide order dated 30.01.2019] took note of the fact that large number of writ petitions were filed before the Court styled as public interest litigation which pertained to encroachments over the pasture land/land of ‘Johad’/’talab’/river/river bed/public way/Shamshan/Kabristan etc. and directed the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every district of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. It was further directed by this Court that PLPC should be headed by District Collector and function under his direction and supervision. Further direction for the manner in which the PLPC is to function.
Learned Additional Advocate General brings to our notice a notification dated 24.04.2019 issued by the Revenue (Gr.6) Department, Govt. of Rajasthan in compliance of the directions issued by this Court in the case of Jagdish Prasad Meena (supra). The notification clearly issued directions to all the Collectors in the State of Rajasthan to constitute such PLPCs in each district.
In this background, the petitioners are directed to approach PLPC, Jodhpur by filing representation for ventilating their grievances regarding alleged encroachments on the Gochar Land of Khasra Nos.394, 177, 522, 641, 519, 513 and 505 and encroachment upon the road passing through Salwa Khurd to Bara Khurd and encroachment made on Gair Mumkin Rasta towards Nawodi Naadi of the revenue village Salwa Khurd, Tehsil- Pipar
(3 of 3)
[CW-1487/2019]
City, Jodhpur. The PLPC shall objectively consider the petitioners’ grievances and if found correct, direct appropriate action against the encroachers within a period of three months from the date of submission of the representation.
Accordingly, the writ petition stands disposed of.
(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ
19-Kshama Dixit/-
1 issue framed by the court
Whether the petitioners are directed to approach the designated Public Land Protection Cell instead of pursuing the writ petition for encroachments on public land?
Colour shows how this judgement treated each authority
Jagdish Prasad Meena Vs. State of Rajasthan & Ors.Referred¶17
Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018
Govind Singh
State Of Rajasthan
Indrajit Mahanty
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
