Disposed

Indra Singh v. State of Rajasthan

Rajasthan HC18 Oct 2021CW/12831/2021

Case brief

AI extract

What is this about?

In this PIL, the Court addressed grievances regarding rampant encroachments on pasture land in Rajasthan. Instead of adjudicating the specific grievance directly, the Court directed petitioners to approach the Public Land Protection Cell (PLPC) of Udaipur. The Court held that PLPCs, constituted following prior directions, should objectively consider the representations and direct appropriate actio

What did the court decide?

Directing petitioners to approach the PLPC, Udaipur, to lodge representations regarding encroachments on pasture land, with the PLPC to consider the matter and direct action within three months if cor

Indra Singh Vs State of Rajasthan — Constitutional and Fundamental Rights | 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. 12831/2021

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Indra Singh S/o Shri Pratap Singh, Aged About 36 Years, 17, Rajputo Ka Mohalla, Village Seesvi, Tehsil Jhadol, District Udaipur, Rajasthan.

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Madhu Singh S/o Shri Gulab Singh, Aged About 39 Years, Village Seesvi, Kolyari, District Udaipur, Rajasthan.

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Bhopal Singh S/o Shri Manohar Singh, Aged About 52 Years, 26, Village Seesvi, Rajputo Ka Mohalla, Tehsil Jhadol, District Udaipur, Rajasthan.

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Lakshman Singh S/o Shri Nahar Singh, Aged About 62 Years, 35, Village Seesvi, Tehsil Jhadol, District Udaipur, Rajasthan.

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Kalu Lal S/o Shri Ganesh Lal, Aged About 53 Years, 56, Village Seesvi, Kalalon Ka Fala, Tehsil Jhadol, District Udaipur, Rajasthan.

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Bhanwar Singh S/o Shri Manohar Singh, Aged About 64 Years, 26, Village Seesvi, Tehsil Jhadol, District Udaipur, Rajasthan.

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Heera Lal Kalal S/o Shri Punam Chand Ji, Aged About 56 Years, 57, Village Seesvi, Kolyari, Tehsil Jhadol, District Udaipur, Rajasthan.

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Mohan Singh S/o Shri Pratap Singh, Aged About 54 Years, Village Seesvi, Kolyari, Tehsil Jhadol, District Udaipur, Rajasthan.

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Chatar Singh S/o Shri Hamer Singh, Aged About 43 Years, Village Seesvi, Kolyari, Tehsil Jhadol, District Udaipur, Rajasthan.

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Sajjan Singh S/o Shri Gulab Singh, Aged About 52 Years, 49, Village Seesvi, Tehsil Jhadol, District Udaipur, Rajasthan.

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----Petitioners

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Versus

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

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Chief Secretary, Revenue Department, Secretariat, Jaipur, Rajasthan.

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(2 of 4)

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[CW-12831/2021]

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District Collector, Udaipur, District Udaipur, Rajasthan.

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Sub Divisional Magistrate, Udaipur, District Udaipur, Rajasthan.

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Chief Executive Officer, Udaipur, District Udaipur, Rajasthan.

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Land Management Officer, Udaipur, District Udaipur, Rajasthan.

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Tehsildar (Land Officer), Jhadol, District Udaipur, District Udaipur, Rajasthan.

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Development Officer, Panchayat Samiti Falasiya, Tehsil Jhadol, District Udaipur, Rajasthan.

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Patwari Halka, Gram Panchayat Devdawas, Panchayat Samiti Falasiya, Tehsil Jhadol, District Udaipur, Rajasthan.

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Village Development Officer, Gram Panchayat Devdawas, Panchayat Samiti Falasiya, Tehsil Jhadol, Udaipur, Rajasthan.

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Gram Panchayat Seesvi, Panchayat Samiti Falasiya, Teshil Jhadol, District Udaipur, Rajasthan Through Its Sarpanch.

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----Respondents

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For Petitioner(s) : Mr. Pawan Singh Rathore. 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 petitioners as well as learned Additional Advocate General for the State.

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By way of this public interest litigation, the petitioners have raised grievances that rampant encroachments have been made

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(3 of 4)

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[CW-12831/2021]

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on the pasture land (Charagah Bhumi) situated in Village Devdawas, Panchayat Samiti Falasiya, Tehsil Jhadol, District Udaipur. They claimed that various representations have been made to the competent authority for removal of the encroachments but the said representations have fallen on deaf ears.

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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) 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

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(4 of 4)

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[CW-12831/2021]

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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 petitioners are directed to approach PLPC, Udaipur by filing representation for ventilating their grievances. After hearing the concerned parties, the PLPC shall objectively consider the petitioners’ grievance for removing encroachments made over the pasture land (Charagah Bhumi) situated in Village Devdawas, Panchayat Samiti Falasiya, Tehsil Jhadol, District Udaipur 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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5-a.asopa/-

Indra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Indra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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