Disposed

Rajkumar Yadav S/O Shri Bhagwan Sahay Yadav v. the Principal Secretary

Rajasthan HC23 May 2022CW/7509/2022

Case brief

AI extract

What is this about?

In a PIL regarding encroachment on public land, the Bench relied on a 2018 judgment creating a Public Land Protection Cell. The petition was disposed of by directing the petitioner to submit a representation to the Cell, with respondents required to decide within two months while ensuring hearsn chopped for alleged encroachers.

What did the court decide?

Petitioner directed to submit representation to the Public Land Protection Cell; respondents to decide within two months; alleged encroachers to be afforded hearing.

Rajkumar Yadav S/O Shri Bhagwan Sahay Yadav Vs the… — 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. 7509/2022

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Rajkumar Yadav S/o Shri Bhagwan Sahay Yadav, Aged About 43 Years, R/o Village Bidara, Tehsile Shahpura, Dist Jaipur, Raj.

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----Petitioner

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Versus

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The Principal Secretary, Land Revenue Department, Government Of Rajasthan, Secretariat, Jaipur.

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The District Collector, Jaipur, (Raj.)

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The Sdm, Tehsil Shahpura, District Jaipur, (Raj.)

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The Tehsildar, Tehsile Shahpura, District Jaipur,(Raj.)

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The Patwari, Gram Panchayat, Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.).

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The Executive Officer, Nagarpalika,shahpura, Dist-Jaipur

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Ramesh Meena S/o Chiranjilal Meena, R/o-Village Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.)

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Bhawani Meena S/o-Umrav Meena, R/o-Village Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.)

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Gokul Meena S/o-Hanuman Meena, R/o-Village-Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.)

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Omprakash Meena S/o-Hanuman Meena, R/o-VillageBidara, Tehsile-Shahpura, District-Jaipur, (Raj.)

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Hariram Meena S/o-Hanuman Meena, R/o-Village-Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.)

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Kaluram Meena S/o-Hanuman Meena, R/o-Village-Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.)

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Ashok Meena S/o Shri Boduram Meena, R/o-Plot No-194, Pratap Nagar Vistar, Murlipura Scheme, Jaipur.raj.

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Vishnu Yadav S/o-Mohan Lal Yadav, R/o-Laxminagar, Bidara, Tehsile-Shahpura, District-Jaipur, (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Naveen Dhuwan, Adv.

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

(2 of 3)

[CW-7509/2022]

23/05/2022

Order

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

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“ a) It is therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to accept and allow this writ petition (PIL) and kindly be-

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i) By appropriate writ order or direction, in the nature thereof and thereby direct the respondents to remove encroachment from the land bearing Khasra No. 977/2,918 and 887 registered in the revenue record as Gair Mumkin Nala and Gair Mumkin Talai situated in Village-Bidara, Tehsile-Shahpura, Dist.-Jaipur, Raj.

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ii) By appropriate writ order or direction, in the nature thereof and thereby direct the respondents to take action as per law against the persons made encroachments on the land registered as Gair Mumkin Nala and Gair Mumkin Talai situated in village-bidara , Tehsile-Shahpura, Dist. Jaipur, Raj.

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Iii) Any other appropriate order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner with costs of the writ petition.”

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A Division Bench of this Court in the matter of Jagdish

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Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/ 2018 vide order dated

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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

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(3 of 3) [CW-7509/2022]

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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 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

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(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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Pooja/32

Rajkumar Yadav S/O Shri Bhagwan Sahay Yadav v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Rajkumar Yadav S/O Shri Bhagwan Sahay Yadav v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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