The High Court, after the State showed compliance with prior PIL directives, directed petitioners to approach the District Public Land Protection Cell (PLPC) for encroachment grievances and disposed of the writ petition.
Petitioners directed to approach PLPC, Barmer; PLPC directed to decide grievance with hearing within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 4456/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Harish Purohit For Respondent(s) : Ms. Rekha Borana, AAG with Mr. Saransh Viz.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/08/2021
Issue notice. Ms. Rekha Borana, learned Additional Advocate General appears and accepts notice on behalf of the State.
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.
Heard learned counsel for the petitioners as well as learned Additional Advocate General for the State.
(2 of 3)
[CW-4456/2021]
The petitioners have made a complaint for removing encroachments made over the Gair Mumkin Oran, Gair Mumkin Gochar and Gair Mumkin Way situated in Khasra Nos.30, 124, 125, and 131 of Village Kesumbla Bhatiyan, District Barmer.
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.
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
(3 of 3)
[CW-4456/2021]
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.
In this background, the petitioners are directed to approach PLPC, Barmer 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 Gair Mumkin Oran, Gair Mumkin Gochar and Gair Mumkin Way situated in Khasra Nos.30, 124, 125, and 131 of Village Kesumbla Bhatiyan, District Barmer 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.
Accordingly, the writ petition stand disposed of.
(VINIT KUMAR MATHUR),J
(INDRAJIT MAHANTY),CJ
7-a.asopa/-
2 issues framed by the court
Whether the petitioners need to approach the Public Land Protection Cell before this court for encroachment relief.
Whether sufficient notice has been given to the State regarding the implementation of prior public interest litigation directions.
Colour shows how this judgement treated each authority
Jagdish Prasad Meena Vs. State of Rajasthan & Ors.Explained¶20
Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018 – vide order dated 30.01.2019]
Tej Singh
Nag Singh
State Of Rajasthan
Indrajit Mahanty
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
