Disposed

Dharma Ram v. State of Rajasthan

Rajasthan HC28 Oct 2021CW/7800/2019

Case brief

AI extract

What is this about?

The Delhi Bench of the Rajasthan High Court disposed of a PIL regarding encroachments on agore pasture land in Barmer by directing the petitioner to approach the local Public Land Protection Cell, which must consider the grievance and direct action within three months.

What did the court decide?

Petitioner directed to approach the PLPC, Barmer; PLPC directed to consider grievance and direct action within three months.

Dharma Ram 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. 7800/2019

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Dharma Ram S/o Birdha Ram Legha, Aged About 49 Years, By Caste Jat, R/o Raiko Ki Dhani, Village Kagau, Tehsil Barmer, District Barmer, (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

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Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

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District Collector, District Barmer, Rajasthan.

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Sub Division Officer, Sub Division Barmer, District Barmer.

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Tehsildar, Tehsil Barmer, District Barmer.

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Gram Panchayat, Through Its Sarpanch, Village Kagau, Tehsil Barmer, District Barmer.

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----Respondents

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For Petitioner(s) : Mr. Vinay Shrivastava For Respondent(s) : Mr. Saransh Vij, Associate to AAG. Mr. Harshit Bhurani. Mr. Ramdev Potalia.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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28/10/2021

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Heard learned counsel for the parties.

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By way of this public interest litigation, the petitioner has raised grievances that rampant encroachments have been made on the agore (catchment area/reservoir) pasture land situated in Khasra No.413/132 of village Kagau of Tehsil and District Barmer. He claimed that various representations have been made to the

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(2 of 3)

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[CW-7800/2019]

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competent authority for removal of the encroachments but the said representations have fallen on deaf ears.

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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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It is brought 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. Learned counsel for the respondents 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

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(3 of 3)

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[CW-7800/2019]

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endeavours 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, Barmer by filing representation for ventilating his grievances. After hearing the concerned parties, the PLPC shall objectively consider the petitioner’s grievance for removing encroachments made over the agore (catchment area/reservoir) pasture land situated in Khasra No.413/132 of village Kagau of Tehsil and District Barmer and if found correct, direct appropriate action within a period of three months from the date of submission of the representation.

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The writ petition stands disposed off in the above terms.

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(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

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285-a.asopa/-

Dharma Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharma Ram v. State of Rajasthan

Case brief

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