Disposed

Bachchu Singh S/O. Shri Latoori v. the State of Rajasthan

Rajasthan HC1 Feb 2023CW/1873/2023

Case brief

AI extract

What is this about?

This court disposed of the PIL petition by directing petitioners to approach the Public Land Protection Cell established in Jagdish Prashad Meena case. Authorities must decide matters within two months after hearing alleged encroachers.

What did the court decide?

Petition disposed; petitioners directed to approach PLPC; authorities directed to decide encroachment issue within two months.

Bachchu Singh S/O. Shri Latoori Vs the State of… — Writ and Judicial Review | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 1873/2023

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Bachchu Singh S/o. Shri Latoori, Aged About 42 Years, Resident Of Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Shri Chand S/o. Shri Kishna, Aged About 50 Years, Resident Of Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil Bayana, District Bharatpur.

¶5

Man Singh S/o. Shri Jagram, Aged About 34 Years, Resident Of Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil Bayana, District Bharatpur.

¶6

Arjun S/o. Shri Prabhu, Aged About 65 Years, Resident Of Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil Bayana, District Bharatpur.

¶7

Kumar Singh S/o. Shri Mukhtyar Singh, Aged About 27 Years, Resident Of Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Laxman Singh S/o. Shri Bhagwat, Aged About 65 Years, Resident Of Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil Bayana, District Bharatpur.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.

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The Principal Secretary, Revenue Department, Government Secretariat, Jaipur.

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The District Collector And District Magistrate, Bharatpur.

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The Sub Divisional Magistrate, Bayana, District Bharatpur. 5. The Tehsildar, Tehsil Bayana, District Bharatpur

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Bharat Singh S/o. Girraj, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Mahendra S/o. Girraj, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Munna S/o. Girraj, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Manoj S/o. Bharat Singh, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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(2 of 3)

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[CW-1873/2023]

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Ram Kumar S/o. Bharat Singh, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Prakash S/o. Bharat Singh, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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Lokesh S/o. Bharat Singh, Resident Of Village Turtipura, Post Tarsooma, Tehsil Bayana, District Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Satya Pal Poshwal For Respondent(s) : Mr. Rajesh Maharshi, AAG with Ms. Shretima Bagri

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HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA Order

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01/02/2023

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

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“(i) direct the respondents No.1 to 5 to immediately remove the illegal encroachment of respondents No.6 to 12 over Khasra No.9 (6.04 Hectare), Charagah Land, in Village Turtipura, Patwar Halka Turtipura, Tehsil Bayana, District Bharatpur;

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(ii) direct the respondents No.1 to 5 to take into possession the standing mustard crop over the aforesaid Charagah land and take steps to auction the said crop from the complete encroached Charagah land Rakba 6.04 Hectare;

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(iii) direct the respondents to protect the land in dispute from any unauthorized encroachment by any corner, which is against the purpose and interest of the public;

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(iv) Any other appropriate order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, may also be passed in favour of the petitioner."

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(3 of 3)

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[CW-1873/2023]

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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

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30.01.2019 has directed creation of Public Land Protection Cell (PLPC) for rural areas in every district for the redressal of grievances regarding encroachment of public land.

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The petitioners probably have not approached the authorities or even if approached but with no effect, we permit them to approach afresh the concerned authority and in case, any representation is filed, the same shall be got considered in the light of the order passed in the case of Jagdish Prashad Meena (supra) .

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In that view of the matter, the writ petition stands disposed of in view of the directions issued by the Division Bench in the case 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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Considering that this petition has been disposed of at the motion stage without issuing notice to the respondents, it is made clear that this Court has not commented upon the merits of the case, but only directed inquiry on the complaint as per the order passed in the case of Jagdish Prashad Meena (supra) .

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

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(SHUBHA MEHTA),J

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(PANKAJ MITHAL),CJ

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KAMLESH KUMAR/RAJAT/6

Bachchu Singh S/O. Shri Latoori v. the State of Rajasthan

Case brief

What is this about?

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Bachchu Singh S/O. Shri Latoori v. the State of Rajasthan

Case brief

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