Single judge disposed of a PIL petition seeking removal of encroachment from charagah land by relying on prior directions to create a Public Land Protection Cell. Court permitted representation before the cell with a two-month timeline.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ (PIL)Petition No. 7046/2022
Dana Ram Son Of Shri Godha Ram, Aged About 32 Years, Resident Of Ward No.13, Thehat, 163, Sesma Ki Dhani, Post Roopgarh, Tehsil Dantaramgarh, District Sikar (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ajay Gupta, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN Order
17/05/2022
Instant Public Interest Litigation petition has been filed with
the following prayer:-
“It is, therefore, most respectfully and humbly prayed that your lordships may graciously be pleased 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 entire encroachment from the charagah land khasra No.846 and 867 of Village Charanbastulika, land Khasra No.585 of village Thehat and land Khasra No.1217, 1237/1941, 1246/1943, 1248, 1298, 1321, 1544, 1901, 1902, 1903, 1904, 1907, 1908, 1912, 1917, 1918, 1935/1491 of village Motipura, Patwar Halka Roopgarh, Tehsil Dantaramgarh, District Sikar.
(2 of 2)
[CW-7046/2022]
(ii) by further appropriate writ, order or direction, the respondents may kindly be directed that the aforesaid charagah/ Johad land of Village Charanbastulika, Thehat and Motipura, Gram Panchayat Roopgarh may kindly be protected in its original shape and it may be ensured that after removal of encroachment, no further encroachment is made on the aforesaid land in question belonging to village Charanbastulika, Thehat and Motiputa, Gram Panchayat Roopgarh, Tehsil Dantaramgarh, District Sikar.”
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 shall consider and decide the same in accordance with law within a period of two months.
It is further directed that the persons who are alleged to be the encroachers, shall be afforded an opportunity of hearing.
(SAMEER JAIN),J
(PRAKASH GUPTA),J
KuD/MR/10
1 issue framed by the court
Whether the petitioners prayer for removal of encroachment on charagah land should be decided directly in these writ proceedings given existing larger directions.
Colour shows how this judgement treated each authority
Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors.Applied¶21
Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/ 2018
1 provisions across 1 enactments
Dana Ram Son Of Shri Godha Ram
State Of Rajasthan
Sub Divisional Officer, Dantaramgarh
Tehsildar, Dantaramgarh
Development Officer, Panchayat Samiti Dantaramgarh
Prakash Gupta
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
