The petition sought demolition of illegal encroachment on public land. The court disposed of the petition by directing the petitioner to approach the Public Land Protection Cell (PLPC) established per a prior 2019 order, with respondents to decide within two months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No. 6024/2022
Gyarsi Lal Saini Son Of Shri Chanda Lal Saini, Aged About 75 Years, Resident Of Tejaji Wali Dhani, Village And Post Katwa, Lalsot, District Dausa (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Brijesh Yadav Advocate with Mr. Mahander Meena Advocate.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
02/05/2022
Instant Public Interest Litigation petition has been filed with
the following prayer:-
“It is therefore, most respectfully prayed that your lordships may graciously be pleased to accept and allow this writ petition and
(i) issue a writ order or direction in the nature thereof thereby call for the entire record of the land and may kindly direct the respondents authorities to demolish the illegal encroachment upon land bearing Khasra 528, 812/502 Rakba 578 Beegha, 16 Biswa situated at Village Khatwa, Tehsil Lalsot, District Dausa and punished to
(2 of 2)
[CW-6024/2022]
respondents and encroachers for its deliberate action in the larger interest of justice.
(ii) issue any other order or direction which this Hon’ble Court may deep fit, just and proper in the facts and circumstances of the case may also passed in favour of petitioner.
(iii) Cost of the writ petition be also awarded in favour of the petition.”
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.
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.
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.
(SAMEER JAIN),J
(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Sanjay Kumawat-19
Gyarsi Lal Saini
State Of Rajasthan
District Collector, Dausa
Sub Divisional Magistrate, Lalsot
Tehsildar, Tehsil Lalsot
Manindra Mohan Shrivastava
Sameer Jain
As recorded by the court registry
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