Disposed

Phulvati Devi W/O Satpal v. the State of Rajasthan

Rajasthan HC19 May 2022CW/6472/2022

Case brief

AI extract

What is this about?

Petitioner filed PIL regarding removal of private encroachment from public land. Court disposed petition by directing State to dispose of subsequent representation before Public Land Protection Cell within two months, ensuring encroachers are given hearing opportunity.

What did the court decide?

Petitioner permitted to file representation before Public Land Protection Cell; respondents directed to decide within two months after hearing encroachers.

Phulvati Devi W/O Satpal Vs the 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 (PIL) No. 6472/2022

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Phulvati Devi W/o Satpal, aged about 47 Years, R/o Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.)

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----Petitioner

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Versus

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The State of Rajasthan, through its Principal Secretary, Department of Revenue, Government of Rajasthan, Secretariat, Jaipur.

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The District Collector, Jhunjhunu (Raj.).

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The Sub Divisional Officer, Buhana, District Jhunjhunu (Raj.).

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The Tehsildar, Buhana, District Jhunjhunu (Raj.).

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Narendra S/o Budhram, R/o Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.).

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Prahlad S/o Rajaram, R/o Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.).

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Chatarpal S/o Hemraj, R/o Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.).

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Mool Chand S/o Hanuman, R/o Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.).

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Praveen S/o Prabhati Lal, R/o Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Sudhir Yadav, 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

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the following prayer:-

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“It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to allow and accept this writ petition and to call for the entire record

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(2 of 2)

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[CW-6472/2022]

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maintained by the respondents in regard to the land bearing Khasra No.770/256, 804/253, 248 situated at Village Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.), the state respondents may kindly be directed to remove the encroachment of private respondent no.5 to 9 from the above mentioned public land, bearing Khasra No.770/256, 804/253, 248 situated at Village Village Nawta, Tehsil Buhana, District Jhunjhunu (Raj.).”

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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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It is further directed that the persons who are alleged to be 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/13

Phulvati Devi W/O Satpal v. the State of Rajasthan

Case brief

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Phulvati Devi W/O Satpal v. the State of Rajasthan

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