This order disposes of a PIL concerning illegal encroachment over pasture land by directing the petitioner to file a representation with the District Collector, referencing a previous order mandating such procedure for encroachment complaints.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 14564/2020
Radhey Govind Gau Sansthan, Ramnagar Jatan, Tehsil Bundi, District Bundi (Raj.) Through Its President Ram Narayan Jat S/o Shri Ghasi Lal, Aged About 60 Years, R/o Village Ramnagar, Tehsil Bundi, District Bundi.
----Petitioner
Versus
----Respondents
For Petitioner(s)
: Mr. Amit Jindal, Advocate through Video Conferencing
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
14/12/2020
Petitioner has filed this public interest litigation in
connection with illegal encroachment and obstruction over pasture land.
Learned counsel for the petitioner has submitted that this Court vide order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019) has directed the petitioner therein to approach the respondents by filing a detailed representation, who were further required to examine the grievances of the petitioner therein and do the needful within a period of three months from the date of filing of the representation.
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[CW-14564/2020]
Order dated 01.03.2019 passed in Anand Kumar Vs. State of
Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019) reads as
under:
“This public interest litigation petition has been filed by the petitioner contending that he is resident of Village Bass Bijoli, Tehsil Surajgarh, District Jhunjhunu. Certain residents of that village have made illegal encroachments on charagah land (pond/johad) bearing Khasra No. 139/38 which has resulted into obstruction of the flow of water into village pond/johad and deprived the villagers of its use. It is contended that Circular dated 25.04.2011 has been issued by the State Government in compliance of judgment of the Supreme Court in Jagpal Singh & Others Vs. State of Punjab & others, AIR 2011 SC 1123 whereby allotment or regularisation of charagah land/catchments of a pond/water reservoirs and ponds for private or commercial purposes has been stopped with immediate effect. Tehsildar, Surajgarh vide order dated 26.11.2018 has declared them trespassers on charagah land and directed the Inspector (L.R.) and Patwari Halka to remove their illegal encroachments. Notices have also been served on the encroachers in pursuance of the aforesaid order. However, the trespassers have refused to remove the encroachments. The Inspector (LR) prepared a report with the help of Patwari Halka on 04.01.2019 stating that there is an apprehension of disturbance of peace at the site and removal of encroachment is possible only with the help of JCB machines, tractors and police force etc. It is submitted that the encroachers are being provided electricity connection and the poles have also been erected over the disputed land. It is quite possible that after providing electricity connections, the charagah land will be allotted/regularised in favour of the encroachers.
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
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[CW-14564/2020]
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 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.
In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioner to approach the respondents by filing a detailed representation along with copy of aforesaid order, who shall examine the grievances of the petitioner and do the needful within a period of three months from the date of filing of the representation.
With the aforesaid direction, writ petition stands disposed of. Stay Application No. 4156/2019 also stands disposed of.”
In view of the above order, the petitioner is directed to approach Respondent No. 2 by filing a detailed representation along with copy of this order and the grievances of the petitioner shall be examined by Respondent No. 2 and needful be done within a period of three months from the date of filing of the representation.
Petition stands disposed of accordingly.
(PRAKASH GUPTA),J
Mohit/4
2 issues framed by the court
Whether public interest litigations regarding illegal encroachment over pasture land should be entertained directly or disposed of requiring representation to the Collector.
Whether a Direction passed in a previous PIL mandates the petitioner to approach the District Collector for grievance redressal before seeking further relief in this petition.
Colour shows how this judgement treated each authority
Radhey Govind Gau Sansthan Through Its President Ram Narayan Jat
The State Of Rajasthan Through Its Principal Secretary, Department Of Revenue
The District Collector, Bundi
The Sub Divisional Officer, Sub Division Bundi
Tehsildar, Tehsil Bundi
Sabina
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
