Disposed

Giriraj Joshi v. State of Rajasthan

Rajasthan HC4 Aug 2021CW/10008/2021

Case brief

AI extract

What is this about?

Regarding encroachments on pasture land, the High Court of Rajasthan at Jodhpur directed the petitioners to approach the designated Public Land Protection Cell (PLPC) for grievance redressal. The Court disposed of the writ petition on the condition that the PLPC adjudicates the representation with a hearing for other interested parties.

What did the court decide?

Directing the petitioners to approach the Public Land Protection Cell (PLPC) in Nagaur, with a direction that the PLPC must decide the grievance after hearing the parties and within three months.

Giriraj Joshi Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Civil Writ Petition No. 10008/2021

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Giriraj Joshi S/o Shri Shri Deendayal Joshi, Aged About 36 Years, R/o Bhagtawadri Nagaur, District Nagaur (Aadhar No. 610105784818).

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Mukesh Saraswat S/o Shri Ramdev Saraswat, Aged About 37 Years, R/o 1/171, Housing Board, Nagaur District Nagaur (Aadhar No. 911621726117).

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Surendra Puniya S/o Shri Rajesh Kumar Puniya, Aged About 26 Years, R/o 101, Behind T.v. Tower, Ward No. 12, Tausar Road, Nagaur (Aadhar No. 317948107756).

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur.

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The District Collector, Nagaur.

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The Sub Divisional Officer, Nagaur, Nagaur.

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The Tehsildar (Revenue), Nagaur, Nagaur.

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The Additional Secretary, Public Works Department, Government Of Rajasthan, Jaipur.

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The Superintending Engineer, Public Works Department, Nagaur Circle, Nagaur, Rajasthan.

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Bhinya Ram Jyani S/o Shri Prema Ram Jyani, R/o Behind Rajasthan Petrol Pump, Bikaner Road, Nagaur.

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Jamna Devi W/o Ramchand, R/o Nagaur Tehsil And District Nagaur.

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Kanwari W/o Ram Gopal Mali, R/o Nagaur Tehsil And District Nagaur.

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Narendra Kumar S/o Indramal @ Indrabhan Soni, R/o Nagaur Tehsil And District Nagaur.

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Radhey Shyam S/o Ramchandra, R/o Nagaur Tehsil And District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. Jamwant Gurjar. For Respondent(s) : Ms. Rekha Borana, AAG. For Respondent No.7 : Mr. Manish Bhunwal (Caveator)

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(2 of 4)

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[CW-10008/2021]

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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04/08/2021

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Issue notice. Ms. Rekha Borana, learned Additional Advocate General appears and accepts notice on behalf of the State.

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Learned counsel for the petitioners shall supply copy of the writ petition alongwith annexures to Ms. Rekha Borana, learned Additional Advocate General, failing which this order shall not liable to be implemented.

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Heard.

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The petitioners have made a complaint for removing encroachments made over the State/Pasture (Gochar) land situated in Khasra No.1034/92 (Old 92), 1035/108 (old 108) of Nagaur.

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Earlier the Jaipur Bench of this Court in Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018 – vide order dated 30.01.2019] took note of the fact that large number of writ petitions were filed before the Court styled as public interest litigation which pertained to encroachments 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

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(3 of 4)

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[CW-10008/2021]

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encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. It was further directed by this Court that PLPC should be headed by District Collector and function under his direction and supervision. Further direction for the manner in which the PLPC is to function.

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Learned Additional Advocate General brings to our notice a notification dated 24.04.2019 issued by the Revenue (Gr.6) Department, Govt. of Rajasthan in compliance of the directions issued by this Court in the case of Jagdish Prasad Meena (supra). The notification clearly issued directions to all the Collectors in the State of Rajasthan to constitute such PLPCs in each district. The Addl. Advocate General submits that PLPCs all around the State have already been constituted and are functioning as per directions given by this Court in the case of Jagdish Prasad Meena (supra) and serious endeavours are being made to resolve issues as per the guidelines issued by this Court.

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In this background, the petitioner is directed to approach PLPC, Nagaur by filing representation for ventilating their grievance. After hearing the concerned parties, the PLPC shall objectively consider the petitioners’ grievance for removing encroachments made over the State/Pasture (Gochar) land situated in Khasra No.1034/92 (Old 92), 1035/108 (old 108) of Nagaur and if found correct, direct appropriate action within a period of three months from the date of submission of the representation. The PLPC is also directed to decide the representation of the petitioners after issuing notice and

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(4 of 4)

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[CW-10008/2021]

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reasonable opportunity of hearing to the private respondents No.7

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& 11.

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Accordingly, the writ petition stand disposed of.

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(VINIT KUMAR MATHUR),J

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(INDRAJIT MAHANTY),CJ

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8-a.asopa/-

Giriraj Joshi v. State of Rajasthan

Case brief

What is this about?

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Giriraj Joshi v. State of Rajasthan

Case brief

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