Disposed

Mahipal Samota S/O Shri Sundaram v. the State of Rajasthan

Rajasthan HC16 May 2023CW/3938/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition alleging pasture land encroachment without deciding on merits. The court permitted the petitioner to submit a representation to the Public Land Protection Cell and directed respondents to decide within two months, citing a prior Division Bench order.

What did the court decide?

Petitioner permitted to submit representation to PLPC; respondents directed to decide within two months; opportunity for hearing awarded to alleged encroachers; case disposed off without deciding meri

Mahipal Samota S/O Shri Sundaram Vs the… — Public Procurement and Tenders | Rajasthan HC (2023)

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[2023/RJJP/010983]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Writ Petition (PIL) No. 3938/2023

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Mahipal Samota S/o Shri Sundaram, Aged About 54 Years, R/o Dhani Samotawali, Patwar Halka Mau, Tehsil Srimadhopur, District Sikar (Rajasthan). PAN No. AMVPS4274M Aadhar No. 4694 8843 3790

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----Petitioner

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Versus

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The State of Rajasthan, through The Chief Secretary, Govt. of Rajasthan, Secretariat, Rajasthan, Jaipur.

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The Additional Chief Secretary, Department of Revenue, Secretariat, Rajasthan, Jaipur.

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The District Collector, Sikar.

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The Sub-Divisional Officer, Srimadhopur, District Sikar.

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The Tehsildar, Tehsil Srimadhopur, District Sikar.

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The Patwar Halka Mau, Tehsil Srimadhopur, District Sikar.

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----Respondents

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For Petitioner : Mr. Vikas Saini Advocate. For Respondents : Mr. Rahul Sehra Advocate on behalf of Mr. Rajesh Maharshi Additional Advocate General.

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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16/05/2023

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Heard.

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On the last date of hearing, though copy of petition was supplied to learned State Counsel with the direction that reply may be filed, no reply has been filed.

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We find that this petition has been filed by the petitioner alleging encroachment over pasture land. Revenue records relating to the land in question have also been placed on record.

[2023/RJJP/010983]

[CW-3938/2023]

(2 of 2)

Representation has also been filed by the petitioner before the District Collector, Sikar.

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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.

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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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Considering that this petition has been disposed off at the motion stage, 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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(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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MANOJ NARWANI /12

Mahipal Samota S/O Shri Sundaram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahipal Samota S/O Shri Sundaram v. the State of Rajasthan

Case brief

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What did the court decide?

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