Disposed

Pradeep Kumar S/O Suresh Kumar v. District Collector

Rajasthan HC9 Sept 2019CW/15178/2019

Case brief

AI extract

What is this about?

Court dismissed a writ petition regarding encroachment on pasture land. Instead of deciding the merits, the petitioner was directed to approach designated respondents with a detailed representation within three months following existing PLPC guidelines.

What did the court decide?

Petitioner directed to approach respondents via detailed representation within three months.

Pradeep Kumar S/O Suresh Kumar Vs District… — Writ and Judicial Review | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE F~R RAJASTHAN

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BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 15178/2019

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Pradeep Kumar S/o Suresh Kumar, Aged About 30 Years, R/o Khiljipur Tehsil And District Sawai Madhopur.

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Versus

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I. District Collector, Sawai Madhopur, Rajasthan.

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Tehsildar, District Sawaii i?, $.%A Madhopur ;I d % ~ajasthan. 6; 3 f;%$ '2 "4 fj 2 s g? ".?r

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3. Sheikh Mpciqi.$SaLOf"Sh, ~~laufJj,jR **** an Resident Of Plot 4i1*z, 3;- %+ .' ... $ Jni,

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No. 3,8;,2Near Hammal ~asjid: QahTal Mohalla, y",:i 'f *;

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~a\nihirnadhopur, M And N Ranthambore ToufPA>nd Travels

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& District Sawaimadhopur.

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Contention of learned counsel for the petitioner is that respondent No.3 who is running a hotel, has not only constructed road but also is dumping waste, particularly plastic waste on said pasture land reserved for grazing the cattle. The petitioner also sent a legal notice to the District Collector, Sawai Madhopur & Tehsildar, District Sawai Madhopur, on 22.07.2019 to remove the

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encroachment on said pastureland, but nothing has been done. Learned counsel has cited a judgment of the Supreme Court in Jagpal Singh and Others Vs. State of Punj'ab and Others - (2011) 11 SCC 396 and submitted that therein the Supreme Court has directed all the .State Government to prepare a scheme for eviction of illegal/unauthorized occupants.

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This Court vide order dated 30.01.2019 passed in Jagdish ="&$-'g "Fr, "" ?< .# &P"* Prasad Meena & 0thet&'%sk8"te %gy$ t 8. &fiF&$asklfaa? %.,a$ #%-. & Others, D.B. Civil ?.$" 4' a" 9 Writ Petition CeIK> No. 10819/2018 took notebbo4-fact that large ;&$& _.<+"P"_ +?+ > >a, J? 'hria;?>p number ofidt ~etitions are beincl filed before this 60.~kaa;.stvled as u fiJ6 ' .d ' 8%. = 2% public ~nterest litigation petitions which pertained to eZEoachment over the pasture land/ I johad 'talabr/ riverlriver bed/public way/ Sh directed the Chief Secretary of the mechanism, which should be operational the State where the conce'rned Distri red to periodically @ '6% a3 b# Lf f# notify for the informatioin "df &tee kqeneral public to lodge the compIaints/representa such encroachments with a specially desig tection Cell (for short cted by this Court that "", * w4 "%#. * * the PLPC should be heaqrZ:;t$J@@iZ?fr G@'ifector and function under _%._ a a*$ '*fi % # his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional ~Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, \ appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be r .: also taken against the trespassers. The complaints,!

[CW-15178/2019]

(3 OF 3)

representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/ representationist about the action taken. It was observed that this would obviate the necessity of such complainants/ representationists approaching this Court directly by way of public interest litigation.

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In view of above, instead of directly entertaining this public 'g ..a;- .. ,, d-;f ..,. interest litigation Pe&R?orr$ths .$ 'e.- Qow l;t &a:qfy2il!ges the petitioner to d9 "& 3;"" * 4 ",[ &+F--y 4X&p&?& %- approach the ,. :.espandents i,z;,2Ap by filing a detailed r&p~esentation along " "& % % f+ $%&@ a;* ,&, a with a copy $'this order, who shall examine the gri&a$ces of the ;*> 'c"? $ad.m ,q 2 petitionenand do the needful to secure the public land vPithin a period of three months %he date of filing of the

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(NARENDRA SINGH ~~~~ij*'fl,@& 8.2 r (MOHAMMAD RAFIQ),J

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Ravi Sharma 1s-98

Pradeep Kumar S/O Suresh Kumar v. District Collector

Case brief

What is this about?

What did the court decide?

Pradeep Kumar S/O Suresh Kumar v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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