Disposed

Kailash Chand Soni S/O Bhola Ram Soni v. the State of Rajasthan

Rajasthan HC17 Dec 2019CW/21652/2019

Case brief

AI extract

What is this about?

Petitioners sought removal of encroachment on mandir murti land and hospital establishment. The court disposed of the writ petition by directing parties to utilize the Public Land Protection Cell established by a previous Division Bench order, with a time limit for disposal.

What did the court decide?

Directing the petitioner to submit a representation to the Public Land Protection Cell and the respondent to decide the same within two months.

Kailash Chand Soni S/O Bhola Ram Soni Vs… — Public Procurement and Tenders | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 21652/2019

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Kailash Chand Soni S/o Bhola Ram Soni, Aged About 58 Years, By Caste Soni R/o Ward No. 16 Nani Gate Nala Kabas, Sikar,332001 (Rajasthan)

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Rajnish Sharma S/o Sh. Sanwarmal Sharma, Aged About 56 Years, R/o Wards No. 8 Lasadyia Vas, Sikar Near Ganesh Ji Temple, Sikar,332001 (Rajasthan).

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----Petitioners

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Versus

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The State Of Rajasthan, Through Chief Secretary,govt. Of Rajasthan, Secretariat, Jaipur (Rajasthan).

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The Principal Secretary, Revenue, Govt. Of Rajasthan, Secretariat, Jaipur (Rajasthan).

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The District Collector, Sikar, Rajasthan.

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The Tehsildar, Tehsil Sikar, Dist. Sikar, Rajasthan.

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The Sub-Registrar, Sikar, Rajasthan.

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The Commissioner, Municipal Council, Sikar, Rajasthan.

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The Director, Aurved Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Bhrigu Sharma For Respondent(s) : Mr. Anil Mehta, AAG

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HON'BLE THE CHIEF JUSTICE

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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17/12/2019

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Instant civil writ petition has been filed with the following prayers:-

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“(a) issue a writ order or direction in the nature thereof thereby call for the entire record of the Land

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(2 of 3)

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[CW-21652/2019]

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of Mandir Murti bearing Khasra Nos. 160, 251, 275, 496, 497 and 273 and Khasra No.286, 287, 288, 289, 290 and 291 and may kindly direct the respondents authorities to remove the unauthorized encroachment on the above land of Khasra numbers in the large interest of justice and the concerned Authorities be directed to recover the amount from defaulting officer who help in encroachment and registered the land of murti mandir in the name of private person and also entered in revenue record. (b) Further, the concerned Authorities be directed to cancel the allotment of the land on which already cremation ground exits and the hospital should be established in the land already allotted in Khasra No.277 and 285 gy the then government alternatively the hospital already exists Shri Rajendra Ayurvedic Hospital should be developed/renovated and this fund to be invest in renovation of the hospital which is situated in the heart of the city and have sufficient land.

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(iii) issue direction to the Respondents to restore the possession of the land of mandir murti; and also a direction be issued not to restrained the use of cremation ground which is already exited and the residents are using last so many years;

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(iv) issue any other order or direction which this Hon’ble Court may deem just, fit and proper in the facts and circumstances of the case may also passed in favour of the petitioners.”

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A Division Bench of this Court in the matter of Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No.10819/2018 vide order dated 30.01.2019 has directed creation of Public Land Protection Cell (PLPC) for rural areas in every district.

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(3 of 3)

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[CW-21652/2019]

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Counsel for the petitioners submitted that they may be permitted to submit a representation before the PLPC and respondents be directed to dispose of the same within a period of two months.

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Mr. Anil Mehta, learned Additional Advocate General appearing on behalf of the respondents has no objections to the submissions made by counsel for the petitioners for referring the matter to the PLPC.

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In that view of the matter, the writ petition stands disposed of, in view of the directions issued by the Division Bench in the matter Jagdish Prashad Meena (supra) and the petitioners are at liberty to make a representation before PLPC and the respondents are directed to decide the same within a period of two months.

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(INDERJEET SINGH),J (INDRAJIT MAHANTY),CJ

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BM Gandhi/109

Kailash Chand Soni S/O Bhola Ram Soni v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Chand Soni S/O Bhola Ram Soni v. the State of Rajasthan

Case brief

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