Disposed

Ram Singh v. State of Rajasthan

Rajasthan HC18 Oct 2021CW/10697/2021

Case brief

AI extract

What is this about?

The High Court at Jodhpur directed the petitioner to approach the Public Land Protection Cell (PLPC) in Chittorgarh with a representation regarding alleged unauthorized change in land use affecting government interests, citing compliance with prior directions in Jagdish Prasad Meena.

What did the court decide?

Petitioner directed to approach Public Land Protection Cell, Chittorgarh, with representation; PLPC to consider grievance and direct action within three months.

Ram Singh Vs State of Rajasthan — Public Procurement and Tenders | 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. 10697/2021

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Ram Singh S/o Shri Jodh Singh Chouhan, Aged About 62 Years, Village Akya Tehsil Bhadesar District Chittorgarh.

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----Petitioner

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Versus

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

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The Divisional Commissioner, Udaipur.

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The District Collector, Chittorgarh.

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The Sub Divisional Officer, Bhadesar, District Chittorgarh.

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The Tehsildar, Bhadesar District Chittorgarh.

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The Mining Engineer, Chittorgarh.

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The Superintending Mining Engineer (Vigilance), Bhilwara, Rajasthan.

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Peeru Lal Khatik S/o Kani Ram, resident of Bhadroda Tehsil Bhadesar, District Chittorgarh.

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Ajaj Mohammad S/o Hasan Bux, by caste Musalman, resident of Bhadroda, Tehsil Bhadesar, district Chittorgarh.

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Pushkar Lal S/o Ratan Lal Sharma, resident of Bansen, Tehsil Bhadesar, District Chittorgarh.

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Rajesh Kumar S/o Paras Mal Bohra, resident of Bansen, Tehsil Bhadesar, District Chittorgarh.

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Mithu Lal S/o Ram Lal Bohra, resident of Bansen, Tehsil Bhadesar, District Chittorgarh.

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Jagdish Prasad S/o Raj Mal Ladkha, resident of Bansen Tehsil Bhadesar, District Chittorgarh.

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----Respondents

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For Petitioner(s) : Mr. Rishabh Tayal For Respondent(s) : Ms. Rekha Borana, AAG.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

18/10/2021

Issue notice.

Ms. Rekha Borana, learned Additional Advocate General is directed to accept notice on behalf of the State.

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

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The petitioner herein raised grievance that the respondents have tried to change the nature of the disputed land and are thereby causing loss to the Government. It is also alleged by the petitioner that the respondents have connived with various khatedars of agricultural land, who are carving out residential colonies in the agricultural land. In this manner, the petitioner claims that the respondents are flouting the directions given by this Court in the case of Gulab Kothari.

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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

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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, Chittorgarh by filing representation for ventilating his grievances. After hearing the concerned parties, the PLPC shall objectively consider the petitioner’s grievances regarding change of nature of land unauthorizedly thereby causing loss to the Government and, if found correct, direct appropriate action within a period of three months from the date of submission of the representation.

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The writ petition stands disposed off in the above terms.

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(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

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28-a.asopa/-

Ram Singh v. State of Rajasthan

Case brief

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Ram Singh v. State of Rajasthan

Case brief

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