Disposed

Bhagwan Singh S/O Shri Pilua Ram v. the State of Rajasthan

Rajasthan HC4 Feb 2019CW/2629/2019

Case brief

AI extract

What is this about?

In a PIL filed by Bhagwan Singh regarding encroachment on a pond and path classified as public land in Deeg, the High Court directed the petitioner to file a representation with the District Collector for inquiry rather than directly entertaining the petition.

What did the court decide?

Writ petition dismissed with direction to file representation before District Collector for inquiry.

Bhagwan Singh S/O Shri Pilua Ram Vs the State of Rajasthan — Land Acquisition | 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 (PIL) No. 2629/2019

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PETITIONER

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Bhagwan Singh S/o Shri Pilua Ram, Aged About 74 Years, by caste Nai, R/o Kunda, Bhagwandas, Deeg, at present R/o Neemghata Mohalla, Deeg, District Bharatpur (Mob. No. 9413415036)

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Versus

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RESPONDENTS

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The State of Rajasthan, through Additional Chief Secretary, Revenue Dept. Govt. Of Rajasthan, Secretariat, Jaipur.

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The District Collector, Bharatpur.

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The Sub Divisional Officer, Deeg, District Bharatpur.

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The Tehsildar, Deeg, District Bharatpur.

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The Executive Officer, Nagar Palika Deeg, District Bharatpur.

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Nanga S/o Shri Natthi,

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Sohanlal S/o Shri Natthi, Both by caste Mali, R/o Neemghata Mohalla, Deeg, District Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. D.C. Gupta.

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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04/02/2019

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This public interest litigation petition has been filed by Bhagwan Singh contending that Khasra No. 55, ad-measuring 0.42 air and Khasra No. 60 ad-measuring 0.6 air situated at Kasba

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(2 of 3)

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[CW-2629/2019]

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Deeg are recorded in the revenue records as ‘gair mumkin pokhar’ (pond) and ‘gair mumkin rasta’ respectively. The said ‘pokhar’ is used by the villagers to feed water to the cattle and ‘rasta’ is being used by the villagers for going to said ‘pokhar’ and rainy water also comes through that ‘rasta’ to the ‘pokhar’. It is contended that Respondent No. 6 and 7 have encroached upon the aforesaid land of ‘gair mumkin pokhar’ and ‘gair mumkin rasta’ and closed the ‘rasta’ as also filled up the ‘pokhar’ with the mud. The petitioner has several times requested the Tehsildar and the S.D.O. Deeg to remove the encroachment over the aforesaid land but no action has been taken by the concerned authorities. The petitioner and some other social activists filed complaint under Section 133 Cr.P.C. on 05.06.2006 before the S.D.M., Deeg, but no appropriate action was taken and till today, encroachment is existing over the aforesaid land of ‘pokhar’ and ‘rasta’. It is further contended that the petitioner and other public representatives represented before the concerned authorities but no action was taken. The petitioner has also served a notice for demand of justice dated 02.01.2019 upon Respondents No. 6 and 7 but no reply was given by them to the said notice. It is contended that due to the aforesaid encroachment, residents of Deeg are suffering very hardship and they have no alternative ‘pokhar’ to feed their cattle. It is therefore prayed that the respondents be directed to remove the encroachment made by Respondents No. 6 and 7 on Khasra No. 55, ‘gair mumkin pokhar’ and Khasra No. 60 , ‘gair mumkin rasta’.

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Having regard to the facts aforesaid, this Court instead of directly entertaining this public interest litigation petition requires the petitioner to approach Respondent No. 2, The District

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(3 of 3)

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[CW-2629/2019]

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Collector, Bharatpur by way of filing representation, who shall have the matter enquired into and do the needful or otherwise decide the representation of the petitioner by passing a speaking order within a period of three months from the date of its filing.

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Writ petition stands disposed with the aforesaid

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directions.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

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Manoj/88

Bhagwan Singh S/O Shri Pilua Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagwan Singh S/O Shri Pilua Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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