Disposed

Sriram Yadav Son of Rameshwar Lal v. State of Rajasthan

Rajasthan HC18 Apr 2022CW/3430/2022

Case brief

AI extract

What is this about?

High Court disposed of PIL petition regarding illegal land encroachment by directing petitioners to file a representation before the Public Land Protection Cell for disposal within two months, ensuring due hearing in removal proceedings.

What did the court decide?

Petitioners permitted to file representation before PLPC; respondents directed to dispose within two months; persons alleged to be encroachers to be afforded opportunity of hearing.

Sriram Yadav Son of Rameshwar Lal Vs State of Rajasthan — Land Acquisition | 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 No. 3430/2022

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Sriram Yadav Son Of Rameshwar Lal, Aged About 40 Years, Resident Of Village Naharwadi, Post Mandawara, Tehsil Udaipurwati, District Jhunjhunu (Raj.)

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Prabhu Dayal Yadav Son Of Sukhdev Raj., Aged About 50 Years, Resident Of Village Naharwadi, Post Mandawara, Tehsil Udaipurwati, District Jhunjhunu (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

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State Of Rajasthan, Through Principal Secretary To Government, Revenue Department, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)

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Collector, Jhunjhunu, (Raj.)

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Sub Divisional Officer, Udaipurwati, District Jhunjhunu (Raj.)

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Tehsildar, Udaipurwati, District Jhunjhunu (Raj.)

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Mohan Lal Son Of Jagmal Yadav, Resident Of Village Naharwadi, Post Mandawara, Tehsil Udaipurwati, District Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Ajay Gupta 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

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Order

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28/04/2022

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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 and humbly prayed that your lordships may graciously be pleased

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(2 of 3)

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[CW-3430/2022]

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to call for the entire record of the case and after examining the same allow the present petition and - (I) by an appropriate writ, order or direction, the respondents may kindly be directed to remove/demolish the entire illegal encroachment made over the land of Gair Mumkin Pahad khasra No.278/47 of Village Naharwadi, Post Mandawara, Tehsil Udaipurwati, District Jhunjhunu, which has been done by the respondent No. 6 in violation of the provisions of Rajasthan Land Revenue Act and its Rules.

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(II) by further appropriate writ, order or direction, the respondents may kindly be directed to ensure that the aforesaid Government land of ‘Gair Mumkin Pahad’ is made free from encroachment and the encroacher (respondent No.6) be penalized/punished in accordance with law.

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(III) by further appropriate writ, order or direction, the respondents may kindly be directed to also take penal/disciplinary action against the concerned employees/officers of Udaipurwati, District Jhunjhunu under whose protection the aforesaid illegal encroachment has been made by the respondent No.6 in violation of provisions of Rajasthan Land Revenue Act and its Rules.

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(IV) Any other beneficial order or direction, which the Hon’ble Court deems fit and proper in the facts and circumstances of the present case may also be passed 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.

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(3 of 3)

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[CW-3430/2022]

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Counsel for the petitioners 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 petitioners are 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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It is further directed that in the inquiry for removal of encroachment, the persons, who are alleged to be encroachers, shall be afforded an opportunity of hearing.

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(SAMEER JAIN),J AARZOO ARORA /15

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(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sriram Yadav Son of Rameshwar Lal v. State of Rajasthan

Case brief

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Sriram Yadav Son of Rameshwar Lal v. State of Rajasthan

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