Disposed

Prahalad Yadav Son of Shri Gainda Ram Yadav v. State of Rajasthan

Rajasthan HC6 Aug 2019CW/4024/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan, holding that the petitioner should approach the Public Land Protection Cell established in Jagdish Prasad Meena, disposed of the PIL petition directing the petitioner to file a representation with the District Collector instead of seeking immediate court intervention.

What did the court decide?

Direction to petitioner to file a detailed representation with the District Collector within the State of Rajasthan.

Prahalad Yadav Son of Shri Gainda Ram Yadav… — Public Procurement and Tenders | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Civil Writ Petition (PIL) No. 4024/2019

¶3

Prahalad Yadav Son Of Shri Gainda Ram Yadav, Aged About 43 Years, By Caste Aheer, Resident Of Village Chhover Ka Bas, Post Chetawala, Tehsil Amer, District Jaipur (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶7

Principal Secretary, Department Of Revenue, Government Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)

¶8

The District Collector, Jaipur, District Jaipur (Raj.)

¶9

Commissioner, Jaipur Development Authority, Indira Circle, J.l.n. Marg, Jaipur

¶10

The Sub Divisional Officer, Amer, District Jaipur (Raj.)

¶11

Tehsildar, Tehsil Amer, District Jaipur (Raj.) (Pan Number, Bank Account Numbers And Mobile Numbers Of Respondents Are Not Available).

¶12

----Respondents

¶13

For Petitioner(s) : Shri Sanjay Gangwar For Respondent(s) :

¶14

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment

¶15

06/08/2019

¶16

By way of this Writ (PIL) Petition, the petitioner has prayed for a direction to the respondent-authorities to demolish the encroachment/resort/complex made by encroachment on the drain and river land situated at Village Mothu Ka Bas and Tatiya Ka Bas, Tehsil Amer, District Jaipur.

¶17

Contention of learned counsel for the petitioner is that land bearing in Khasra nos.1, 3, 4, 120, 4/267, 4/268, 4/269, 90/270, 90/271, 90/272, 90/283, 90/284, 90, 90/276, 90/275, 243,

¶18

(2 of 3)

¶19

[CW-4024/2019]

¶20

243/247, 243/248, 247, 247/278 (old) situated at Village Mothu Ka Bas, Tehsil Amer, District Jaipur and land bearing in Khasra nos.497, 501, 504, 505, 448, 465, 467/956, 468/957, 508/964, 564, 565/974, 469/958 (new), 602, 603, 604, 609 and 610 situated at Village Tatiya Ka Bas, Tehsil Amer, District Jaipur are recorded as drain and river land in revenue records and are reserved by the government for public welfare. However, some persons are making encroachment on the said land by constructing resorts and complexes on permanent basis. Petitioner and the other villagers made correspondences with the State agencies for demolishing the same, but they could not succeed. Learned counsel has cited a judgment of the Supreme Court in Jagpal Singh and Others Vs. State of Punjab 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.

¶21

This Court vide order dated 30.01.2019 passed in Jagdish Prasad Meena & Others Vs. State of Rajasthan & Others, D.B. Civil Writ Petition (PIL) No. 10819/2018 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

¶22

(3 of 3) [CW-4024/2019]

¶23

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.

¶24

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

¶25

With the aforesaid direction, writ petition stands disposed of.

¶26

(NARENDRA SINGH DHADDHA),J

¶27

(MOHAMMAD RAFIQ),J

¶28

RAVI SHARMA /63

Prahalad Yadav Son of Shri Gainda Ram Yadav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prahalad Yadav Son of Shri Gainda Ram Yadav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mool Chand Kumawat S/O Late Nanulal Vs Sanjeev Ranjan

Satya Narayan Gupta S/O Late Shri Gajanand Gupta Vs Shri M.S. Yadav

Jaipur Vidyut Vitran Nigam Vs Sher Singh Meena S/O Shri Ram Swaroop Lal Meena

Narendra Bhadur Bhandari Vs Smt Hiramani Bahndari Alias Kamla

Pr. Commissioner of Income Tax Vs M/S Rajasthan Renewable Engery Corp. Ltd.

Kalu @ Chhittar @ Aatu S/O Ramkaran B/C Daroga Vs State of Rajasthan