Disposed

Ramdhan v. State of Rajasthan

Rajasthan HC2 Aug 2021CW/9577/2021

Case brief

AI extract

What is this about?

In this PIL regarding encroachments over land, the Court directed petitioners to approach the constituted Public Land Protection Cell in Hanumangarh to file a representation. The PLPC was to objectively consider the grievance, issue notice to private respondents, and direct action within three months.

What did the court decide?

irected petitioners to approach the PLPC; PLPC directed to consider grievance, issue notice, and direct action within three months.

Ramdhan Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition (PIL) No. 9577/2021

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Ramdhan S/o Shri Nathu Ram, Aged About 58 Years, Resident Of Village Gheu, Block Bhadra, District Hanumangarh, Rajasthan.

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Jay Singh S/o Shri Mehar Chand, Aged About 61 Years, Resident Of Village Gheu, Block Bhadra, District Hanumangarh, Rajasthan.

¶5

----Petitioners

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Versus

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State Of Rajasthan, Through Principle Secretary Government Of Rajasthan, Secretariat, Jaipur-302005, Rajasthan.

¶8

Principal Secretary, Forest And Environment Department Of Government Of Rajasthan, Secretariat Main Building, Jaipur-302005, Rajasthan Phone 0141-2227112.

¶9

Divisional Commissioner, Bikaner Division, Bikaner Rajasthan.

¶10

Collector, Hanumanghar District, Rajasthan. 5. District Forest Officer, Hanumanghar District, Rajasthan.

¶11

Ranger, District Forest Office, Block Bhadra, District Hanumanghar, Rajasthan.

¶12

Sarpanch, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶13

Bhura Ram S/o Shri Chimna Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶14

Krishan Kumar S/o Shri Bhura Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶15

Balwan S/o Shri Bhura Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶16

Pawan Kumar S/o Bhura Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶17

Krishan Kumar S/o Shri Kashi Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶18

Mahendra S/o Shri Kashi Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

¶19

(2 of 4)

¶20

[CW-9577/2021]

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Madan Lal S/o Shri Kashi Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

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Munshi Ram S/o Shri Kashi Ram, Gram Panchayat Gheu, Block Bhadra District Hanumanghar, Rajasthan.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Jitendra Choudhary : Ms. Rekha Borana, AAG with Mr. Saransh Viz

¶26

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

Order

02/08/2021

Issue notice.

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

¶31

Heard learned counsel for the petitioner as well as learned Additional Advocate General for the State.

¶32

The petitioners have made a complaint for removing encroachments made over the land of Khasra No. 666 of Village Gheu of Bhadra Block, District Hanumangarh.

¶33

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

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(3 of 4)

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[CW-9577/2021]

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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.

¶37

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.

¶38

In this background, the petitioners are directed to approach PLPC, Hanumangarh 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 land of Khasra No. 666 of Village Gheu of Bhadra Block, District Hanumangarh 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

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(4 of 4)

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[CW-9577/2021]

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issuing notice and reasonable opportunity of hearing to the private respondents.

¶42

Accordingly, the writ petition stand disposed of.

¶43

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

¶44

8-MohitTak/-

Ramdhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramdhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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