Dismissed

Narendra Kumar v. State of Rajasthan

Rajasthan HC29 Jul 2020CW/5845/2020

Case brief

AI extract

What is this about?

Petitioners filed PIL regarding encroachment on barani/pasture land. Court noted prior PIL directed creation of Public Land Protection Cell. Instead of direct disposal, Court directed petitioners to approach District Collector with detailed representation.

What did the court decide?

Petitioner(s) directed to approach District Collector with detailed representation and enclosed copy of current judgment within three months; Writ Petition disposed of.

Narendra Kumar Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 5845/2020

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Narendra Kumar S/o Ashok Kumar, Aged About 27 Years, By Caste Vishnoi, R/o Karawadi, Tehsil Sanchore, Distt. Jalore

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Babulal S/o Chima Ram, Aged About 37 Years, By Caste Vishnoi, R/o Karawadi, Tehsil Sanchore, Distt. Jalore

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Hanumana Ram S/o Poonama Ram, Aged About 25 Years, By Caste Vishnoi, R/o Karawadi, Tehsil Sanchore, Distt. Jalore

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Hanumana Ram S/o Buddha Ram, Aged About 33 Years, By Caste Vishnoi, R/o Karawadi, Tehsil Sanchore, Distt. Jalore

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur.

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District Collector, Jalore.

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Tehsildar, Sanchore, Distt. Jalore

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Gram Panchayat Karawadi, Panchayat Samiti Sanchore, Distt. Jalore Through Its Sarpanch.

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----Respondents

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For Petitioner(s) : Mr. Teja Ram, through V.C.

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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29/07/2020

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This public interest litigation petition has been filed by the petitioners contending that on Barani/pasture land in Khasra Nos.1002/96, 26, 96, 261, 383, 203, 244, 260 and 273 in village Karawadi, Tehsil Sanchore, District Jalore, encroachments have been made by the encroachers and despite submitting of

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(2 of 3)

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[CW-5845/2020]

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representations, the encroachments have not been removed by the respondents.

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This Court vide order dated 30.01.2019 passed in Jagdish

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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 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

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(3 of 3)

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[CW-5845/2020]

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complainants/representationists approaching this Court directly by way of public interest litigation.

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In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioners to approach Respondent No. 2, District Collector, Jalore by filing a detailed representation along with copy of aforesaid order, who shall examine the grievance of the petitioners and do the needful within a period of three months from the date of filing of the representation.

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With the aforesaid directions, writ petition stands disposed

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of.

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(VIJAY BISHNOI),J

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(INDRAJIT MAHANTY),CJ

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Ashutosh-22

Narendra Kumar v. State of Rajasthan

Case brief

What is this about?

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Narendra Kumar v. State of Rajasthan

Case brief

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