Disposed

Devi Lal v. State of Rajasthan

Rajasthan HC20 Oct 2021CW/14509/2021

Case brief

AI extract

What is this about?

In a PIL regarding encroachments over a street and footpath, the High Court of Rajasthan directed the petitioner to file a representation with the local Public Land Protection Cell. The cell must consider the grievance and direct action within three months if correct, after which this writ petition will be disposed of.

What did the court decide?

Directing the petitioner to approach the PLPC, Hanumangarh; PLPC to consider the grievance and direct action within three months if correct; Writ petition disposed of.

Devi Lal Vs State of Rajasthan — Writ and Judicial Review | 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. 14509/2021

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Devi Lal S/o Shri Mani Ram, Aged About 46 Years, R/o Ward No. 5 Khersandi, Th- Nohar, Dist-Hanumangarh.

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----Petitioner

¶5

Versus

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State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Jaipur.

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The Collector, Hanumangarh.

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Tehsildar, Nohar, Dist-Hanumangarh.

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----Respondents

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For Petitioner(s) : Mr. V.K. Bhadu. 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

20/10/2021

Issue notice.

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

¶16

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

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By way of this public interest litigation, the petitioner has raised grievances that rampant encroachments have been made over street, Johar Paytan and footpath situated in Village Kharsandy, Th. Nohar, District Hanumangarh. 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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(2 of 3)

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[CW-14509/2021]

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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 is 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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(3 of 3)

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[CW-14509/2021]

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In this background, the petitioners are directed to approach PLPC, Hanumangarh 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 street, Johar Paytan and footpath situated in Village Kharsandy, Th. Nohar, District Hanumangarh and if found correct, direct appropriate action within a period of three months from the date of submission of the representation. The writ petition stands disposed off in the above terms.

¶25

(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

¶27

32-jayesh/-

Devi Lal v. State of Rajasthan

Case brief

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Devi Lal v. State of Rajasthan

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