Dismissed

Hadmant Singh v. the State of Rajasthan

Rajasthan HC4 Aug 2021CW/9206/2021

Case brief

AI extract

What is this about?

The High Court directed the petitioner to approach the constitu ted Public Land Protection Cell (PLPC) in Jalore to file a representation regarding land encroachment, adhering to Court precedents mandating such a complaint mechanism before adjudicating through writs.

What did the court decide?

The writ petition was disposed of with a direction to the petitioner to file a representation before the PLPC.

Hadmant Singh Vs the State of Rajasthan — Property and Title | 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. 9206/2021

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Hadmant Singh S/o Pratap Singh, Aged About 44 Years, R/o Village Malwada, Tehsil Raniwada, District Jalore, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The District Collector, Jalore, Rajasthan.

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The Ceo, Jalore, Rajasthan.

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The Sdo Raniwada, District Jalore, Rajasthan.

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The Gram Vikas Adhikari, Gram Panchayat Malwada, District Jalore, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Kunal Bishnoi. For Respondent(s) : Mr. Rekha Borana, AAG.

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

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Order

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04/08/2021

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Issue notice. Ms. Rekha Borana, learned Additional Advocate General appears and accepts notice on behalf of the State.

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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.

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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 petitioner has made a complaint for removing encroachments made over the public land/public way situated in Khasra No.248, Village Malwada, Tehsil Raniwada, District Jalore.

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(2 of 3)

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[CW-9206/2021]

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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 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-9206/2021]

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In this background, the petitioner is directed to approach PLPC, Jalore 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 the public land/public way situated in Khasra No.248, Village Malwada, Tehsil Raniwada, District Jalore 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 all the concerned pesons.

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Accordingly, the writ petition stand disposed of.

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(VINIT KUMAR MATHUR),J 6-a.asopa/-

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(INDRAJIT MAHANTY),CJ

Hadmant Singh v. the State of Rajasthan

Case brief

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Hadmant Singh v. the State of Rajasthan

Case brief

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