Disposed

Sushil Kumar v. State of Rajasthan

Rajasthan HC5 Aug 2021CW/10075/2021

Case brief

AI extract

What is this about?

During a writ petition concerning encroachments on gochar land, the High Court was informed that a Public Land Protection Cell had been constituted as per a prior PIL. The Court directed the petitioners to approach the PLPC for redressal and disposed of the petition.

What did the court decide?

Directed petitioners to approach the PLPC, Nagaur with a representation; PLPC to consider grievances, hear parties, and direct action if found correct within three months.

Sushil Kumar Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 10075/2021

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Sushil Kumar S/o Nimba Ram, Aged About 30 Years, By Caste Jat, Resident Of Village Kaliyas, Tehsil Mundwa District Nagaur.

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Gautam Prasad S/o Heera Ram, Aged About 30 Years, By Caste Jat, Resident Of Village Kaliyas, Tehsil Mundwa District Nagaur.

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Jeevan Ram S/o Chatra Ram, Aged About 55 Years, By Caste Jat, Resident Of Village Kaliyas, Tehsil Mundwa District Nagaur.

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Ramniwas S/o Nar Singh, Aged About 45 Years, By Caste Jat, Resident Of Village Kaliyas, Tehsil Mundwa District Nagaur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur

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The District Collector, Nagaur

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Sub Divisional Officer, Mundwa District Nagaur

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Tehsildar (Revenue), Mundwa District Nagaur

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Gram Panchayat Bhadora, Panchayat Samiti Mundwa District Nagaur Through Its Sarpanch.

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----Respondents

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For Petitioner(s) : Mr. Sumer Singh Gour. For Respondent(s) : Ms. Rekha Borana, AAG.

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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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05/08/2021

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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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(2 of 3)

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[CW-10075/2021]

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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 be liable to be implemented.

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Heard learned counsel for the petitioners as well as learned Additional Advocate General for the State.

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The petitioners have made a complaint for removing encroachments made over the gochar land of Khasra No. 140, 106, 143, 341 and 348 of the Village Kaliyas, Tehsil Mundwa, District 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 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)

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(3 of 3)

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[CW-10075/2021]

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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 Additional 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 petitioners are directed to approach PLPC, Nagaur by filing representation for ventilating their grievances. After hearing all the concerned parties, the PLPC shall objectively consider the petitioners grievances for removing encroachments made over the gochar land of Khasra No. 140, 106, 143, 341 and 348 of the Village Kaliyas, Tehsil Mundwa, District 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 reasonable opportunity of hearing to all the concerned persons/parties who are likely to be affected by the order to be passed by the PLPC.

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Accordingly, the writ petition stands disposed of.

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(VINIT KUMAR MATHUR),J

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(INDRAJIT MAHANTY),CJ

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7-jayesh/-

Sushil Kumar v. State of Rajasthan

Case brief

What is this about?

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Sushil Kumar v. State of Rajasthan

Case brief

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