The petitioner approached the High Court PIL seeking direction to resolve encroachments on land originally allotted to a government school in Mandan, Alwar, which remains disputed and partially granted illegal pattas to villagers, resulting in construction and crop cultivation.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D. B. Civil Writ Petition (PIL) No. 6555/2019
Rambabu Son of Shri Sitaram, by caste Yadav, aged about 32 Years, Resident of Mandan, Tehsil Neemrana, District Alwar, Rajasthan. Mobile No. 8104300457
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Aradhana Swami.
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
09/04/2019
This public interest litigation petition has been filed by the petitioner Rambabu, who is permanent resident of Village Mandan, Tehsil Neemrana, District Alwar contending that vide order No. F-05/109/Raj/Kha/60 dated 20.07.1963 issued by the
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State Government and letter No. 7352-53 F-18(87) Raj/66 dated 26.10.1966 issued by the Collctor, Alwar, land ad-measuring 10 acres bearing Khasra No. 757/0.96, 761/0.98 and 757/2124/2.04 was allotted to the Government School. The said land still stands in the name of the Education Department in the revenue record. The petitioner has got a map of the disputed land prepared in which land shown in red in Part-B is the originally allotted land to the Government School. Land shown in purple is the place where the school building exists. The distance between the land shown in purple in Part-A and land shown in red in Part-B was about 1½ kms from the main school building. However, keeping in view of the hardship being faced by the students, khatedars of land bearing Khasra No. 1438, 1439 and 1452 entered into an agreement with the then Principal of the Government School, Mandan, according to which land bearing aforesaid khasra numbers was handed over to the school by the khatedars and they took possession of the land bearing Khasra No. 757, 757/2124, 761 and 758. Thereafter, the then Principal, Government Adarsh Senior Secondary School wrote a letter to S.D.O., Neemrana, Tehsildar Neemrana, Sarpanch, Gram Panchayat Mandan, District Education Officer, Alwar for conversion of 10 acres of land, but the same has not been done.
It is further contended that the villagers have encroached upon the land bearing Khasra NO. 1438, 1439 and 1452 and the Gram Panchayat, Mandan has also issued pattas in favour of some persons. Information under Right to Information Act was sought by one Shri Virendra with regard to issuance of illegal pattas and it was informed that one Shri Ashok Kumar Yadav has been issued patta of land bearing Khasra No. 1438,
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1439 and 1452. Various residential and commercial projects are being built on the aforesaid land. It is contended that one Saini Dharamshala has also been illegally constructed over the land bearing Khasra No. 1452 in the year 2014. The Patwari Halka concerned has, without following the due procedure of law, carved out a new public way in Khasra No. 1438, 1451 and 1452. Boundary wall has been constructed on some part of the disputed land and some of the villagers had sown the crop of mustered which is standing on the originally allotted land. It is contended that the petitioner and other villagers have been continuously approaching the authorities for redressal of their grievances but to no avail.
Having regard to the facts aforesaid, instead of entertaining this public interest litigation petition, this Court requires the petitioner to approach the Collector, Alwar by way of filing a detailed representation, who shall get the matter enquired into and do the needful as warranted by law or otherwise decide the representation of the petitioner by passing a speaking order within a period of three months from the date of filing of the representation.
With the aforesaid directions, writ petition stands disposed of.
(GOVERDHAN BARDHAR),J (MOHAMMAD RAFIQ),Acting CJ
MANOJ NARWANI /216
Rambabu
State of Rajasthan
The Collector, Alwar
Goverdhan Bardhar
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
