Disposed

Manoj Kumar Sharma S/O Shri Shiv Kumar Sharma v. the State of Rajasthan

Rajasthan HC19 May 2022CW/13207/2021

Case brief

AI extract

What is this about?

The Division Bench of the Rajasthan High Court at Jaipur disposed of a PIL regarding land encroachment and preservation of the Arvari River. It directed the respondents to consider a representation before the Public Land Protection Cell and ensure affidavit hearing for alleged encroachers.

What did the court decide?

Ordered that the petitioner be permitted to submit a representation before the Public Land Protection Cell and that alleged encroachers be afforded an opportunity of hearing.

Manoj Kumar Sharma S/O Shri Shiv… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition (PIL) No. 13207/2021

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Manoj Kumar Sharma S/o Shri Shiv Kumar Sharma, aged about 32 Years, R/o Village and Post Pratapgarh, Tehsil Thanagazi, District Alwar, Rajasthan.

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Yoganand Batwal S/o Shri Daya Bandhu Sharma, aged about 42 Years, R/o VPO Pratapgarh, Tehsil Thanagazi, District Alwar, Rajasthan.

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----Petitioners

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Versus

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The State of Rajasthan, through The Principal Secretary, Government of Rajasthan, Irrigation Department, Government Secretariat, Rajasthan, Jaipur (Raj.).

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The District Collector, Alwar, Rajasthan.

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Kailash Chand Sharma S/o Shri Nathu Ram Sharma, R/o Village and Post Pratapgarh Tehsil Thanagazi, District Alwar.

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Ram Pratap S/o Shri Jagannath Sharma, R/o Village and Post Pratapgarh, Tehsil Thanagazi, District Alwar.

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Santosh Kumar S/o Surajmal, R/o Village and Post Pratapgarh Tehsil Thanagazi, District Alwar.

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Mohan Lal S/o Madan Lal, R/o Village and Post Pratapgarh Tehsil Thanagazi, District Alwar.

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Pradeep Kumar S/o Sh. Jagdish, R/o Village and Post Pratapgarh Tehsil Thanagazi, District Alwar.

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----Respondents

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For Petitioner(s) : Mr. Ram Babu Gupta, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN Order

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19/05/2022

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

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(2 of 3) [CW-13207/2021]

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“i. Issue a writ order or direction in the nature thereof thereby call for the entire record of the land and examine the same and further may kindly direct the respondents authorities to remove illegal encroachment over the land bearing K.N. 454, 455 & 457 situated at Tehsil Thanagazi, District Alwar which are recorded as Gair Mumkin Rasta and Gair Mumkin Nadi.

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ii. By an appropriate writ or direction this Hon’ble Court further pleased to direct the respondents to maintain original shape of the Arvari River which flows from Arawali Range specially with regard to K.N. No.454 & 457.

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iii. Issue any other order or direction which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case may also passed in favour of petitioners.

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iv. Cost of the writ petition may also be awarded in favour of the petitioners.

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A Division Bench of this Court in the matter of Jagdish 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. 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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(3 of 3)

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[CW-13207/2021]

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It is further directed that the persons who are alleged to be

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encroachers, shall be afforded an opportunity of hearing.

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(SAMEER JAIN),J

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(PRAKASH GUPTA),J

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MR/Arun/11

Manoj Kumar Sharma S/O Shri Shiv Kumar Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manoj Kumar Sharma S/O Shri Shiv Kumar Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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