Disposed

Karan Mal Dani v. State of Rajasthan

Rajasthan HC4 Dec 2019CW/16826/2019

Case brief

AI extract

What is this about?

In this disposal, the Supreme Court of India directed the petitioner to approach the Public Land Protection Cell established under the Jagdish Prasad Meena judgment to file a representation regarding encroachments over public land, specifying a three-month timeframe for action.

What did the court decide?

Direction to approach PLPC with representation regarding encroachments. PLPC to consider grievances and take action within three months if found correct.

Karan Mal Dani Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 16826/2019

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Karan Mal Dani S/o Shri Rang Lal Dani, Aged About 72 Years, B/c Dani, Resident Of Post Office Dungla, Tehsil Dungla, District Chittorgarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Rural Development And Panchayat Department (Panchayati Raj), Government Of Rajasthan, Jaipur.

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The District Collector, Chittorgarh.

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The Tehsildar (Revenue), Tehsil Dungla, District Chittorgarh.

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The Patwari, Patwar Halka Dungla, Tehsil Dungla, District Chittorgarh.

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Shri Ghanshyam Lal S/o Shri Shankar Lal, Resident Of Post Office Dungla, Tehsil Dungla, District Chittorgarh.

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----Respondents

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For Petitioner(s) : Mr. S.L. Jain with Mr. Abhinav Jain For Respondent(s) : Ms. Vaishali Parihar for Ms. Rekha Borana, AAG

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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04/12/2019

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Heard learned counsel for the petitioner as well as learned Additional Advocate General for the State.

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Petitioner has made a complaint about the encroachments over the Public Road situated in Khasra No.1981 of Tehsil Dungla, District Chittorgarh.

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Earlier the Jaipur Bench of this Court in Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (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

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(2 of 2)

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[CW-16826/2019]

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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.

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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.

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In this background, the petitioner is directed to approach PLPC, Chittorgarh by filing representation for ventilating his grievances regarding alleged encroachments over the Public Road situated in Khasra No.1981 of Tehsil Dungla, District Chittorgarh. The PLPC shall objectively consider the petitioner’s 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.

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Accordingly, the writ petition stands disposed of.

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(DR. PUSHPENDRA SINGH BHATI),J

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(INDRAJIT MAHANTY),CJ

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5-Zeeshan/-

Karan Mal Dani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Karan Mal Dani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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