Disposed

Tarachand v. the State of Rajasthan

Rajasthan HC2 Aug 2021CW/5365/2021

Case brief

AI extract

What is this about?

The High Court allowed a substitution of applicants as petitioners following the death of Tarachand. It directed the Public Land Protection Cell to conclude encroachment proceedings within four weeks after giving an opportunity of hearing, citing the pandemic.

What did the court decide?

Allowance of impleadment of Chandmal and Sitaram as petitioners; direction to PLPC to conclude proceedings in four weeks.

Tarachand Vs the 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. 5365/2021

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Tarachand S/o Dala Ji Meena, Aged About 49 Years, B/c Meena, R/o Saba Kheda, Post Khoriya Via Dhamotar, Dist. Pratapgarh (Raj.). (Name deleted due to death)

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Chandmal S/o Vardichand Meena, age 62 years, by caste Meena, R/o. Saba Kheda, Tehsil & District Pratapgarh (Raj.) 3. Sitaram S/o. Valuji Meena, age 50 years, by caste Meena, R/o. Saba Kheda, Tehsil & District Pratapgarh (Raj.)

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----Petitioner

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Versus

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

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The Principal Secretary, Department Of Revenue, Govt. Of Rajasthan, Jaipur.

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The Secretary, Department Of Panchayati Raj, Govt. Of Rajasthan, Jaipur.

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The District Collector, Pratapgarh District Pratapgarh.

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The Sub-Division Officer, Pratapgarh, Tehsil And District, Pratapgarh.

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The Tehsildar, Pratapgarh, District Pratapgarh. 7. The Gram Panchyat Kesarpura, Tehsil Pratapgarh, District Pratapgarh Through its Sarpanch.

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----Respondents

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For Petitioner(s) : Mr. Bharat Devasi & Mr. Shyam Lal Kumawat For Respondent(s) : Mr. Saransh Vij on behalf of Ms. Rekha Borana, AAG

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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02/08/2021

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The matter comes up on an application (01/2021) preferred under Order I Rule 10 read with Section 151 of CPC as petitioner Tarachand is stated to have passed away on 16/05/2021. In the circumstances, applicants Chandmal and Sitaram have sought indulgence of this Court for being impleaded as petitioners in the present case.

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For the reasons mentioned in the application, the same is allowed. The applicants Chandmal and Sitaram are impleaded as

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(2 of 2)

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[CW-5365/2021]

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petitioners in the present case instead of deceased Tarachand. The amended cause title already filed is taken on record.

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Heard learned counsel for the petitioners as well as learned counsel for the respondents.

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Learned counsel for the respondents submits that in pursuance of the directions issued by this Court on 22/01/2021 in D.B. Civil Writ Petition No. 13654/2020, Tarachand & Anr. vs. The State of Rajasthan & Ors. (Annexure-2 of the writ petition), the Public Land Protection Cell (PLPC) is already implementing the orders passed by this Court and the proceedings are already under way for removing the encroachments pointed out by the petitioners. Learned counsel further submits that the delay caused in the matter is because of the prevailing circumstances of Covid19 pandemic in the country. He has brought before this Court the proceedings dated 02.08.2021 undertaken under Section 91 of the Rajasthan Land Revenue Act, 1956 and submits that the proceedings will be concluded within a period of four weeks from today.

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In the circumstances, the present petition is disposed of with a direction to the PLPC to conclude the proceedings at the earliest but not later than four weeks after giving an opportunity of hearing to the petitioners. The petitioners may file documents, if any.

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(VINIT KUMAR MATHUR),J

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(INDRAJIT MAHANTY),CJ

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30-SanjayS/SunilS/VivekM-

Tarachand v. the State of Rajasthan

Case brief

What is this about?

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Tarachand v. the State of Rajasthan

Case brief

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