Disposed

Laxman Singh Solanki v. State of Rajasthan

Rajasthan HC21 Dec 2023CW/19557/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging land records and seeking removal of encroachments on public road land. It directed the petitioners to submit a representation to the Public Land Protection Cell established under a previous Division Bench order, requiring the authorities to decide within two months.

What did the court decide?

Petition disposed; parties directed to utilize PLPC mechanism for decision within two months.

Laxman Singh Solanki Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

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[2023:RJ-JD:44811-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 19557/2023

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Laxman Singh Solanki S/o Shri Chunni Lal Solanki, Aged About 35 Years, By Caste- Mali R/o 247, Unchla Bas, Salawas, Tehsil- Luni, District- Jodhpur (Raj.)

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Bharat Singh S/o Shri Raghunath Singh, Aged About 34 Years, By Caste- Mali R/o Unchla Bas, Salawas, TehsilLuni, District- Jodhpur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur.

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The District Collector (Plpc Cell), Jodhpur, Rajasthan.

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The Commissioner, Jda, Jodhpur, Rajasthan.

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The Sub Divisional Megistrate, Luni District-Jodhpur, Rajasthan.

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Tehsildar Luni, District-Jodhpur, Rajasthan.

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Gram Panchayat, Salawas, Through Village Development Officer, Gram Panchayat, Salwas Panchayat Samiti- Luni, District-Jodhpur, Rajasthan.

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Anita W/o Shri Nandkishore, By Caste Kumhar Resident Of Village- Basani, District-Jodhpur, Rajasthan, Holder Of Plot No. 9.

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Niju Kanwar W/o Shri Manveer Singh, By Caste Rajput, Resident Of Village- Padarla, Tehsil- Bali, District-Pali, Rajasthan, Holder Of Plot No. 7.

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Niraj Gehlot W/o Shri Shiv Lal Gehlot, By Caste Mali Resident Of Village- Maliyon Ki Dhaniya, Salawas Road, Sangaria, District Jodhpur, Rajasthan.

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Parmu Devi W/o Shri Sita Ram, By Caste- Kumhar Resident Of Village- Sangaria Fanta, Jodhpur, District - Jodhpur, Rajasthan, Holder Of Plot No. 5

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Bhumika Bohra W/o Shri Ravi Bohra, By Caste Bhandari, Resident Of Village- 336 A Vardhaman Nagar, Sobhavaton Ki Dhani, Jodhpur, Rajasthan.

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Manohar S/o Shri Basti Ram, By Caste - Kumhar Resident Of Village- Basni Phase-Ii, Jodhpur District-Jodhpur, Rajasthan, Holder Plot No. 10.

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(2 of 6)

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Miku Devi W/o Shri Chaina Ram, By Caste Mali Resident Of Village- Sangaria Fanta Jodhpur, District- Jodhpur, Rajasthan, Holder Of Plot No. 11,12 And 13.

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Monika W/o Shri Mahendra Gehlot, By Caste Mali Resident Of Village- Maliyon Ki Dhaniya, Salawas Road, Sangaria, District - Jodhpur, Rajasthan.

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Ratna Ram S/o Shri Khema Ram, By Caste- Kumhar Resident Of Village- Khejadli, Tehsil- Siwana, DistrictBalotra, Rajasthan, Holder Plot No. 16.

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Ram Kanya W/o Shri Shiv Prakash, By Caste Mali Resident Of Village- Shivsaron Ki Dhani Keru, DistrictJodhpur, Rajasthan, Holder Plot No 20.

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Lila Devi W/o Shri Teja Ram, By Caste- Kumhar Resident Of Village- Sangaria Fanta, Jodhpur District- Jodhpur, Rajasthan, Plot Holder No. 23 And 24.

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Uchchhab Kanwar W/o Shri Bhanwar Singh, By Caste Rajput, Resident Of Village- Padarla, Tehsil- Bali, DistrictPali, Rajasthan, Holder Of Plot No. 7A.

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Vimla Devi W/o Shri Santok Gehlot, By Caste Mali Resident Of Village- Maliyon Ki Dhaniya, Salawas Road, Sangaria, District- Jodhpur, Rajasthan.

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Suja Devi W/o Shri Jasraj, By Caste Lakhera Resident Of Village- Magara Punjala Jodhpur, District- Jodhpur, Rajasthan Holder Of Plot No. 22.

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Santosh W/o Shri Omprakesh, By Caste- Kumhar Resident Of Village- Sangaria, Jodhpur, District- Jodhpur, Rajasthan, Holder Of Plot No. 17.

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Sunil Bhandari S/o Shri Paras Chand Bhandari, By CasteJain, Resident Of Village- Basni Phase 2Nd, Jodhpur, District- Jodhpur, Rajasthan.

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Suman W/o Shri Laxman Gehlot, By Caste - Mali Resident Of Village- Maliyon Ki Dhaniya, Salawas Road, Sangaria, District- Jodhpur, Rajasthan.

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Sumer Singh S/o Shri Bheem Singh, By Caste Rajput, Resident Of Village- Dhadu, Tehsil- Phalodi, District - Jodhpur, Rajasthan, Holder Of Plot No. 14.

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Hakku Kanwar W/o Shri Roop Singh, By Caste Rajput, Resident Of Village - Chopasani Jodhpur, District- Jodhpur, Rajasthan, Holder Of Plot No. 4.

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(3 of 6)

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Om Kanwar W/o Shri Ganpat Singh, By Caste Rajput, Resident Of Village- Sangaria Fanta, Jodhpur, DistrictJodhpur, Rajasthan, Holder Of Plot No. 15.

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Omprakash S/o Shri Purkha Ram, By Caste Patel, Resident Of Village- Basni Juntha, Tehsil- Luni, DistrictJodhpur, Rajasthan, Holder Of Plot No. 21.

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Gogi Devi W/o Shri Achala Ram, By Caste Mali Resident Of Village- Navora Bera, Keru, District- Jodhpur, Rajasthan, Holder Of Plot No. 8.

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Chandu Devi W/o Shri Basti Ram, By Caste Kumhar, Resident Of Village- Basni Gaon, Jodhpur, DistrictJodhpur, Rajasthan, Holder Of Plot No. 18.

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Joga Ram S/o Shri Khema Ram, By Caste- Kumhar, Resident Of Village- Khajerli, Tehsil- Siwana, DistrictBalotra, Rajasthan, Holder Of Plot No. 16.

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Deepak Jain S/o Shri Uttam Chand, By Caste - Jain, Resident Of Jodhpur, District- Jodhpur, Rajasthan, Holder Of Plot No. 01.

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Dhanvanti W/o Shri Babu Lal, By Caste Mali Resident Of Village- Navora Bera Keru, District- Jodhpur, Rajasthan, Holder Of Plot No. 19.

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----Respondents

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For Petitioner(s) : Mr. M.L. Deora

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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21/12/2023

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This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :-

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"A. By an appropriate writ order or direction, the any revenue entry/record which shows the private respondents as the land owners of Khasara No.326, 326/1 and 325/5 which is Gair Mumkin land of Rasta/Road/Common Way/Marg as per revenue record may kindly be quashed and set aside.

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(4 of 6)

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[2023:RJ-JD:44811-DB]

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[CW-19557/2023]

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B. By an appropriate writ, order or direction, the respondents may kindly be directed to restrain the private respondents who are shown as the land owners of Khasra No.325/4 & some where 325/9 of the land not to encroached the land of Khasra No.325/5 which is Gair Mumkin land of Rasta in revenue record any record or position made contrary to the correct revenue record may kindly be quashed and set aside.

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C. By an appropriate writ, order or direction the respondents may kindly be directed to remove the encroachment beign done on Gair Mumkin Rasta / Road/ Common way/ Marg going through Khasara No.326, 326/1 and 325/5 which is closed on ground be opened forthwith for the personal interest of the locality.

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D. by an appropriate writ, order or direction the respondent authorities may kindly be directed to not to convert the land usage of Khasara No.326, 326/1 and 325/5 which is Gair Mumkin land of Rasta/Road/Common way/ Marg as per revenue record for any other purposes.

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E. By an appropriate writ, order or direction, the respondents may kindly be directed to construct the Rasta/Road/common way/Marg bearing Khasara No.326, 326/1 and 325/5.”

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A Division Bench of this Court in Jagdish Prashad Meena &

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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; the relevant portion of the order reads as follows :-

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" This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the pasture land/ land of ‘johad’, ‘talab’/ river/river bed/public way/ Shamshan/Kabristan etc. In all such petitions, common allegation is that despite repeated complaints/representations to the concerned revenue officers, no steps are taken by them to remove the encroachment. This results in number of writ petitions being filed by the complainants/representationists before this Court. This Court has been passing orders in such matters

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(5 of 6)

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[2023:RJ-JD:44811-DB]

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[CW-19557/2023]

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requiring the respective District Collectors to examine the factual content of the allegations and take steps to remove the encroachments so as to secure such land.

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In order therefore to provide a pan-Rajasthan solution to this ever persisting problem, we deem it appropriate to direct the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. The PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The complaints/representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. This would obviate the necessity of such complainants/ representationists approaching this Court directly by way of public interest litigation. If this practice is put in place, this Court would not be inclined to directly entertain such public interest litigation or would do so only in the event of inaction on the part of the concerned PLPC.

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The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh & Others Vs. State of Punjab & Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving them a show cause notice and a brief hearing. It was further held therein that long duration of the illegal encroachment/occupation of land or huge expenditure in making construction thereon or political connections of trespassers are no justification for regularising such illegal occupation. Regularisation should be permitted only in exceptional cases where lease has been granted under some government notification e.g. to landless labourers or members of Scheduled Castes/Scheduled Tribes or where

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(6 of 6)

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[2023:RJ-JD:44811-DB]

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[CW-19557/2023]

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there is already a school, hospital, dispensary, ‘shamshan’, ‘kabristan’ or other public utility of the like nature on the land.

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Observations of the Supreme Court in Jagpal Singh (supra) thus leaves no manner of doubt that removal of encroachment on all such land is a rule and regularisation an exception and that too in extremely limited number of cases, which only the Government can do by appropriate notification of the government and no other authority.

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List this matter on 14.03.2019.

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A copy of this order be sent to the Chief Secretary of the State of Rajasthan, Government Secretariat, Jaipur, who shall ensure compliance of this order and do the needful for creation of Public Land Protection Cell (PLPC) for rural areas. A copy of this order be also provided to Mr. Anil Mehta, learned Additional Advocate General for compliance. "

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Learned counsel for the petitioners submitted that the petitioners 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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Accordingly, the writ petition stands disposed of in view of the directions issued by a Division Bench of this Court in Jagdish Prashad Meena (supra) and the petitioners are at liberty to make a representation before PLPC and the respondents shall decide the same within a period of two months, from the date of receiving the certified copy of this order, strictly in accordance with law. All pending applications stand disposed of.

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(RAJENDRA PRAKASH SONI),J

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(DR.PUSHPENDRA SINGH BHATI),J

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7-Zeeshan

Laxman Singh Solanki v. State of Rajasthan

Case brief

What is this about?

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Laxman Singh Solanki v. State of Rajasthan

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