The High Court disposed of a writ petition seeking removal of encroachment on Agore Land by directing the petitioner to first approach the Public Land Protection Cell (PLPC), which must hear the grievance before taking action.
Direction to approach the PLPC, Jodhpur, with a representation; writ petition disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 7353/2021
Gram Panchayat Dhegana through Sarpanch, Shri Birbal Ram S/o Bhoma Ram Aged 36 Years R/o Village Dhegana Tehsil Luni, District Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Moti Singh. For Respondent(s) : Ms. Rekha Borana, AAG.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/08/2021
Issue notice. Ms. Rekha Borana, learned Additional Advocate General appears and accepts notice on behalf of the State.
Learned counsel for the petitioner 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 petitioner as well as learned Additional Advocate General for the State.
The petitioner has filed the present writ petition for removing encroachment and restoring the position of the Agore Land of Khasra No.192 (now 192 to 192/5) of village Dhegana, Tehsil Luni, District Jodhpur.
(2 of 3)
[CW-7353/2021]
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 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.
(3 of 3)
[CW-7353/2021]
In this background, the petitioners are directed to approach PLPC, Jodhpur by filing representation for ventilating its grievance. After hearing the concerned parties, the PLPC shall objectively consider the petitioner’s grievance for removing encroachment and restoration of the position of the Agore Land of Khasra No.192 (now 192 to 192/5) of village Dhegana, Tehsil Luni, District Jodhpur and if the case of the petitioner is 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
10-a.asopa/-
1 issue framed by the court
Whether the petitioner can file a writ petition directly or must approach the Public Land Protection Cell first.
Colour shows how this judgement treated each authority
Jagdish Prasad MeenaApplied¶20
Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018 – vide order dated 30.01.2019]
1 provisions across 1 enactments
Gram Panchayat Dhegana
State of Rajasthan
District Collector, Jodhpur
Tehsildar Luni
Indrajit Mahanty
Vinit Kumar Mathur
As recorded by the court registry
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