Disposed

Satyaveer v. State

Rajasthan HC1 Aug 2022CW/10833/2022

Case brief

AI extract

What is this about?

In this PIL regarding encroachments on public land, the Bench disposed of the petition at the motion stage without merits, directing the respondent to consider a representation before the Public Land Protection Cell within two months while ensuring a hearing for alleged encroachers.

What did the court decide?

Petitioner directed to submit representation to PLPC within two months; respondents to decide; encroachers to be given hearing before any order.

Satyaveer Vs State — Land Acquisition | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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D.B. Civil Writ Petition No. 10833/2022

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Satyaveer

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----Petitioner

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Versus State For Petitioner(s) : Mr. Sumer Singh Gour For Respondent(s) :

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----Respondent

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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01/08/2022

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Instant Public Interest Litigation petition has been filed with the following prayer: -

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“(a) By an appropriate writ, order or direction the respondents may kindly be directed to remove the encroachments from the land of gairmumkin gochar of Khasra no. 144, 192, 216, 298, 427, 444, gairmumkin chob of khasra no. 141, 297, 426, giarmumkin angore of khasra no. 116, dharamshala of khasra no. 142, 115, gairmumkin rasta of khasra no. 159, 212, 432, 471, funeral ground of khasra no. 402,403,449,943/726.

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(b) by an appropriate writ, order or direction the respondent authorities may kindly be directed to restore the land of gairmumkin gochar of khasra no. 144,192,216,298,427,444 gairmumkin chob of khasra no. 141,297,426, gairmumkin angore of khasra no.

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[CW-10833/2022]

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(2 of 3)

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116, dharamshala of khasra no. 142,115, gairmumkin rasta of khasra no. 159,212,432,471, funeral ground of khasra no. 402,403,449,943/726 in its original shape.

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(c) Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.

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(d) Writ petition filed by the petitioner may kindly be allowed with costs.”

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The writ petition may be allowed with costs.

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A Division Bench of this Court in the matter of Jagdish

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Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/ 2018 vide order dated 30.01.2019 has directed creation of Public Land Protection Cell (PLPC) for rural areas in every district.

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Counsel for the petitioner submitted that he may be permitted to submit a representation before the PLPC and respondents be directed to dispose of the same within a period of two months.

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In that view of the matter, the writ petition stands disposed off, in view of the directions issued by the Division Bench in the matter of Jagdish Prashad Meena (supra) and the petitioner is at liberty to make a representation before PLPC and the respondents are directed to decide the same within a period of two months.

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Considering that this petition has been disposed off at the motion stage without issuing notice to the respondents, it is made clear that this Court has not commented upon the merits of

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[CW-10833/2022]

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(3 of 3)

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the case, but only directed inquiry on the complaint as per the order passed in the case of Jagdish Prashad Meena (supra) .

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It is further directed that in the inquiry for removal of the encroachment, the persons, who are alleged to be encroachers, shall be afforded an opportunity of hearing. The persons shall be given opportunity of hearing before passing any order, if such orders have not been passed.

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Disposed off.

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(VINOD KUMAR BHARWANI),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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15-DeepikaV/-

Satyaveer v. State

Case brief

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Satyaveer v. State

Case brief

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