Disposed

Aam Janta Village Saroli v. State of Rajasthan

Rajasthan HC1 Apr 2019CW/6035/2019

Case brief

AI extract

What is this about?

A High Court PIL regarding encroachment over pasture land was not entertained directly. The court directed the petitioners to approach the District Collector via a detailed representation, invoking a prior order establishing a Public Land Protection Cell mechanism.

What did the court decide?

Petitioners directed to approach respondents by filing a detailed representation with a copy of this order for investigation within three months.

Aam Janta Village Saroli Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Civil Writ (PIL) Petition No.6035/2019

¶3

Aam Janta Village Saroli, Tehsil Dooni, District Tonk Through Gopal Lal Son Of Surajmal, Aged 49 Years, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk.

¶4

Moti Son Of Nanda, Aged About 77 Years, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk.

¶5

Ghasi Son Of Ramsukh, Aged About 70 Years, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk.

¶6

Girdhar Son Of Bacchu, Aged About 60 Years, By Caste Gurjar, Resident Of Village Saroli, Tehsil Dooni, District Tonk.

¶7

Chhitarlal Son Of Sukha, Aged About 40 Years, By Caste Kumhar, Resident Of Village Saroli, Tehsil Dooni, District Tonk.

¶8

----Petitioners

¶9

Versus

¶10

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

¶11

The Secretary, Department Of Revenue, Secretariat, Jaipur (Rajasthan).

¶12

District Collector, Tonk (Rajasthan).

¶13

Sub Divisional Officer, Tehsil Dooni, District Tonk.

¶14

Tehsildar/sub Registrar, Tehsil Dooni, District Tonk.

¶15

Raghunath Son Of Ramnarain, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk (Rajasthan).

¶16

Ramswaroop Son Of Nathu, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶17

Bhanwar Lal Son Of Ramchandra, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶18

Shankar Son Of Ramchandra, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶19

Prahlad Son Of Ramchandra, By Caste Jat, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶20

Pokhar Son Of Bhura, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶21

(2 of 4)

¶22

[CW-6035/2019]

¶23

Prema Son Of Ramnath, By Caste Meena, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶24

Sohan Singh Son Of Sukhdev, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶25

Hari Singh Son Of Sukhdev, By Caste Meena, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶26

Mohan Son Of Bhura, By Caste Meena, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶27

Durga Son Of Mohan Raigar, By Caste Raigar, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶28

Kailash Son Of Mohan Raigar, By Caste Raigar, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶29

Sitaram Son Of Mohan Raigar, By Caste Raigar, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶30

Ramsingh Son Of Moti Meena, By Caste Meena, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶31

Sukhlal Son Of Rampratap, By Caste Gurjar, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶32

Devalal Son Of Rampratap, By Caste Gurjar, Resident Of Village Saroli, Tehsil Dooni, District Tonk, (Rajasthan).

¶33

----Respondents

¶34

For Petitioner(s) : Mr. Rakesh Kumar

¶35

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

¶36

Order

¶37

01/04/2019

¶38

By way of this Writ (PIL) Petition, the petitioners have prayed for a direction to the respondents no.1 to 3 to take necessary steps to remove the encroachment over the pasture land bearing khasra no.46, 48, 49 to 63, 66, 67, 69, 70, 92, 93, 96, 98, 100 and 101 of village Saroli, Tehsil Dooni, District Tonk.

¶39

Contention of learned counsel for the petitioners is that some unauthorized persons are cultivating the said pastureland reserved

¶40

(3 of 4)

¶41

[CW-6035/2019]

¶42

for grazing the cattle by taking over possession of the land in question. The petitioners also moved an application before the District Collector, Tonk, on 22.01.2019 to protect the said pastureland. 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.

¶43

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

¶44

(4 of 4)

¶45

[CW-6035/2019]

¶46

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.

¶47

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

¶48

With the aforesaid direction, writ petition stands disposed of.

¶49

(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),J

¶50

//Jaiman//121

Aam Janta Village Saroli v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aam Janta Village Saroli 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anita Meena D/O Shri Shanti Ram Meena W/O Shri Shambhu Dayal Meena Vs State of Rajasthan

Abdul Kayyum Son of Shri Nathu Kan Vs Central Administrative Tribunal

Bhuvnesh Trivedi S/O Shri Bhagwati Prasad Sharma Vs Rajasthan High Court Jodhpur

Dr. C.P. Joshi, President Vs the Registrar, Co-Operative Societies

Anirudh Rajpurohit Son of Shri Bhupendra Rajpurohit Vs Siddharth Mahajan

Smt Anita Jani W/O Navin Jain Vs Navin Jain S/O Shri Mukesh Kumar Jain