Disposed

Kailash Shankar v. State of Rajasthan

Rajasthan HC22 Oct 2021CW/8325/2021

Case brief

AI extract

What is this about?

In this PIL, the petitioner complained of encroachments on public land. The High Court held that the State had complied with prior directions by constituting Public Land Protection Cells. The Court directed the petitioner to approach the PLPC in Pali with a representation for removal of encroachments within three months and disposed of the writ petition accordingly.

What did the court decide?

Directed petitioner to approach PLPC, Pali by filing representation for removal of encroachments; action to be taken within three months.

Kailash Shankar Vs State of Rajasthan — Public Procurement and Tenders | 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. 8325/2021

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Kailash Shankar S/o Roop Raj, Aged About 61 Years, Resident Of Basant, Tehsil Sumerpur, District Pali.

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----Petitioner

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Versus

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State Of Rajasthan, Through District Collector, Pali.

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Sub Divisional Officer, Sumerpur, District Pali.

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Tehsildar, Sumerpur, District Pali.

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Gram Panchayat, Basant, Tehsil Sumerpur, District Pali Through Its Sarpanch.

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Jog Singh S/o Shivnath Singh, Resident Of Basant, Tehsil Sumerpur, District Pali.

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----Respondents

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For Petitioner(s) : Mr. Bharat Shrimali. For Respondent(s) : Ms. Rekha Borana, AAG. Mr. Abhimanyu Jain.

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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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22/10/2021

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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 in Khasra Nos.151, 178, 179 of Village Basant, Tehsil Sumerpur, District Pali. He claimed that various representations have been made to the competent authority for removal of the encroachments but the said representations have fallen on deaf ears.

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(2 of 3)

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[CW-8325/2021]

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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 is 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 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.

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(3 of 3)

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[CW-8325/2021]

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In this background, the petitioner is directed to approach PLPC, Pali by filing representation for ventilating his grievance. After hearing the concerned parties, the PLPC shall objectively consider the petitioner’s grievance for removing encroachments made over Khasra Nos.151, 178, 179 of Village Basant, Tehsil Sumerpur, District Pali 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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26-a.asopa/-

Kailash Shankar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Shankar v. State of Rajasthan

Case brief

What is this about?

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