Disposed

Babu Lal Son of Ram Swaroop Meena v. the District Collector

Rajasthan HC7 Apr 2022CW/3055/2022

Case brief

AI extract

What is this about?

The High Court disposed of a PIL petition seeking removal of trespassers from public land. Relying on prior directions to create Public Land Protection Cells, the Court allowed an amendment, dismissed the writ, and directed the authorities to admit a representation and decide it within two months.

What did the court decide?

The writ petition was disposed of; the petitioner is at liberty to submit a representation to the Public Land Protection Cell which the respondents must decide within two months.

Babu Lal Son of Ram Swaroop Meena Vs the District Collector — Land Acquisition | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 3055/2022

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Babu Lal Son Of Ram Swaroop Meena, Aged About 40 Years, Resident Of Village Lasadiya, Panchayat Heidripura, Tehsil Uniara, District Tonk (Rajasthan)

¶4

Buddhi Prakash Meena Son Of Shri Asaram Meena, Resident Of Village Lasadiya, Panchayat Heidripura, Tehsil Uniara, District Tonk (Rajasthan)

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----Petitioners

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Versus

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The District Collector, Tonk (Rajasthan)

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The Divisional Commissioner, Ajmer (Rajasthan)

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The Sub Divisional Magistrate, Tehsil Uniara, District Tonk (Rajasthan)

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The Tehsildar, Tehsil Uniara, District Tonk (Rajasthan)

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The Superintendent Of Police, District Tonk (Rajasthan)

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The Station House Officer, Police Station Aligarh, Tehsil Uniara, District Tonk (Rajasthan)

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Sita Ram son of Kalyan,

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Babu Lal son of Ramniwas,

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Kamlesh son of Motilal,

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Murari son of Motilal, All are residents of Village Lasadiya, P.S. Aligarh, District Tonk (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Bharat Yadav, Advocate For Respondent(s) :

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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07/04/2022

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An application for amendment has been filed. For the reasons stated therein, the same is allowed. Amended cause title is taken on record.

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(2 of 3)

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[CW-3055/2022]

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

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“It is, therefore, most respectfully prayed that this Hon’ble Court may very graciously be pleased to allow/ accept this writ petition and entire record may kindly be called for and examine;

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(i) by an appropriate writ, order or direction your Lordships may kindly be pleased to direct that respondents to remove the trespassers from the public pond and pasture land (Khasra No. 312, 317, 314) of Village Lasadiya, Tehsil Uniara, District Tonk (Rajasthan);

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(ii) the respondents may kindly further be directed that the crop prepared by the trespassers may kindly be destroyed;

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(iii) any other order or direction as may be deemed just and proper in the facts and circumstances of the case and in favour of the humble petitioners be also passed.”

¶30

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.

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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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(3 of 3)

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[CW-3055/2022]

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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.

¶35

It is made clear that in any proceedings which are drawn against the private respondents by competent authority, respondent Nos. 7 to 10 shall be afforded an opportunity of hearing.

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It is also made clear that this Court has not commented upon merits of the case but only directed to examine the case by the competent authority.

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(SAMEER JAIN),J Simple Kumawat/10

¶38

(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Babu Lal Son of Ram Swaroop Meena v. the District Collector

Case brief

What is this about?

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Babu Lal Son of Ram Swaroop Meena v. the District Collector

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