Disposed

Duli Chand Jat S/O Budha Ram v. State of Rajasthan

Rajasthan HC21 Oct 2019CW/17745/2019

Case brief

AI extract

What is this about?

The High Court, dealing with a PIL regarding encroachment on public land (talab/shamshan), invoked a prior judgment establishing a Public Land Protection Cell, directing the petitioner to approach the District Collector first rather than entertaining the writ petition directly.

What did the court decide?

Directing the petitioner to file a detailed representation with the District Collector, Alwar, along with a copy of the Court's order, for examination and action within three months.

Duli Chand Jat S/O Budha Ram Vs State of… — Public Procurement and Tenders | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 17745/2019

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Duli Chand Jat S/o Budha Ram, Aged About 57 Years, R/o Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Chief Secretary, Secretariat, Jaipur, Rajasthan.

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State Of Rajasthan Through Principal Secretary, Department Of Home, Secretariat, Jaipur, Rajasthan.

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State Of Rajasthan Through Principal Secretary, Department Of Revenue, Secretariat, Jaipur, Rajasthan.

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The District Collector, Alwar, Rajasthan.

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Tehsildar, Kishangarh-Bass, Alwar, Rajasthan.

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Superintendent Of Police, Bhiwadi, Alwar Rajasthan. 7. S.h.o. Police Station, Tehsil Kishangarh-Bass, Alwar, Rajasthan.

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Respondent nos.1 to 7

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Rohitash S/o Late Sh. Bhagwat, Aged About 50 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Chand S/o Sh. Sheo Sahai, Aged About 72 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Chote Lal S/o Sh. Ghamndi, Aged About 45 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Chand S/o Sh. Ramjilal, Aged About 58 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Ghanshayam S/o Sh. Vijay Singh, Aged About 35 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Bhagwat S/o Sh. Dhanna Ram, Aged About 75 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Mohan Lal S/o Sh. Ramji Lal, Aged About 65 Years,

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(2 of 5)

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[CW-17745/2019]

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R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Veer Singh S/o Sh. Girdhari, Aged About 40 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Hari Singh S/o Sh. Ramsingh, Aged About 70 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Vikram Singh S/o Sh. Sri Chand, Aged About 35 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Shishram S/o Sh. Yadram, Aged About 45 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Harphool S/o Sh. Bharat Lal, Aged About 76 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Mukesh S/o Sh. Dataram, Aged About 38 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Mahendra Singh S/o Sh. Ramji Lal, Aged About 55 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Rup Chand S/o Sh. Ramesh Chand, Aged About 47 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Karan Singh S/o Sh. Balveer Singh, Aged About 60 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Madan Lal S/o Sh. Laxmi Narayan, Aged About 48 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Phool Chand S/o Sh. Ramji Lal, Aged About 75 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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Shri Veer Singh S/o Sh. Phool Singh, Aged About 45 Years, R/o Gram Bambora, Gram Bambora, Tehsil Kishangarh, District Alwar,

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----Respondent no.8-26/Encroachers

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(3 of 5)

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[CW-17745/2019]

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For Petitioner(s) : Shri Ajay Goyal For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

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Judgment

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21/10/2019

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This Public Interest Litigation petition has been filed by the petitioner contending that as per revenue records, land khasra no.824 and 825 situated at Gram Bambora, Tehsil Kishangarh Bas is of talab’/shamshan’. The said land is registered in the records of Revenue Department, however the private respondents have encroached upon the said land. The villagers of Village Bambora, Tehsil Kishangarh-Bass, District Alwar, therefore, are suffering from shortage of water due to encroachment on the land of talab’. The respondent- authorities failed to provide proper protection of the above land of talab’ as well of `shamshan’, despite the best efforts on the part of the petitioner.

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It is contended that petitioner submitted an application under Right to Information Act before the Tehsildar, Kishangarh Bas, Alwar for information about illegal encroachments. In reply thereto dated 15.7.2014, 19 places were shown as illegally encroachments. When no action was taken by Tehsildar, petitioner as well as Vice Sarpanch sent letter to District Collector, but no action has been taken so far. Petitioner sent repeated representations, lastly being on 30.9.2019, but nothing has been done. Hence this petition.

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This Court vide order dated 30.01.2019 passed in Jagdish Prasad Meena & Others Vs. State of Rajasthan & Others, D.B. Civil

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(4 of 5)

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[CW-17745/2019]

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Writ Petition (PIL) No. 10819/2018 at Jaipur Bench took note of fact that large number of writ petitions are being filed before this Court styled as public interest litigation petitions which pertained to encroachment 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 the PLPC should be headed by District Collector and function under 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 also taken against the trespassers. The complaints/ 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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(5 of 5) [CW-17745/2019]

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In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioner to approach the District Collector, Alwar by filing a detailed representation along with copy of aforesaid order, who shall examine the grievances of the petitioner and do the needful to secure the public land within a period of three months from the date of filing of the representation.

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With the aforesaid direction, writ petition stands disposed of.

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(MOHAMMAD RAFIQ),J

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(INDRAJIT MAHANTY),CJ

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RAVI SHARMA /77

Duli Chand Jat S/O Budha Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Duli Chand Jat S/O Budha Ram v. State of Rajasthan

Case brief

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What did the court decide?

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