Disposed

Suresh v. State of Rajasthan

Rajasthan HC3 Aug 2021CW/5907/2021

Case brief

AI extract

What is this about?

In a writ petition concerning encroachments over public pasture land, the High Court of Rajasthan directed petitioners to approach the Public Land Protection Cell (PLPC) established in Banswara to ventilate their grievance after hearing, rather than adjudicating the matter directly in this proceeding.

What did the court decide?

Petitioners directed to approach PLPC; PLPC to consider grievance after hearing and direct action within three months if correct.

Suresh Vs State of Rajasthan — Land Acquisition | 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. 5907/2021

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Suresh S/o Shri Badiya Dindore, Aged About 38 Years, Resident Of Kushalkot, Tehsil Arthuna, District Banswara (Rajasthan).

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Ramesh Dabgar S/o Shri Gegaram Dabgar, Aged About 53 Years, Resident Of Kushalkot, Tehsil Arthuna, District Banswara (Rajasthan).

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Revenue Department, Government Of Rajasthan, Jaipur (Rajasthan).

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The District Collector, Banswara (Rajasthan).

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The Sub Divisional Officer, Arthuna, District Banswara (Rajasthan).

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The Tehsildar (Land Records), Arthuna, District Banswara (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Shyam Sunder Paliwal. For Respondent(s) : Ms. Rekha Borana, AAG.

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

Order

03/08/2021

Issue notice.

Ms. Rekha Borana, learned Additional Advocate General appears and accepts 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 petitioners have made a complaint for removing encroachments made over the pasture land of Khasra No. 534,

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(2 of 3)

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[CW-5907/2021]

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situated at Village-Kushalkot, Patwar Halka-Saranpur, TehsilArthuna, District-Banswara.

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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 Additional 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

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(3 of 3)

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[CW-5907/2021]

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(supra) and serious endeavors 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, Banswara 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 pasture land of Khasra No. 534 situated at Village-Kushalkot, Patwar Halka-Saranpur, TehsilArthuna, District-Banswara 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 the private respondents.

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Accordingly, the writ petition stand disposed of.

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(VINIT KUMAR MATHUR),J (INDRAJIT MAHANTY),CJ

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5-jayesh/-

Suresh v. State of Rajasthan

Case brief

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Suresh v. State of Rajasthan

Case brief

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