Disposed

Rohitashw Kumar Dhankar S/O Rameshwar Lal Dhankar v. State of Rajasthan

Rajasthan HC26 May 2023CW/4280/2023

Case brief

AI extract

What is this about?

The Division Bench disposed of the PIL without commenting on merits. The court permitted the petitioner to file a representation before the Public Land Protection Cell and directed respondents to decide within two months, ensuring encroachers are afforded a hearing during the inquiry.

What did the court decide?

Petitioner permitted to file representation; respondents directed to decide within two months; encroachers to be heard during inquiry.

Rohitashw Kumar Dhankar S/O Rameshwar Lal Dhankar Vs… — Land Acquisition | Rajasthan HC (2023)

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[2023/RJJP/012241]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 4280/2023

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Rohitashw Kumar Dhankar S/o Rameshwar Lal Dhankar, Aged About 70 Years, R/o Shri Amarpura Po Kithana, Dist. Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its District Collector, Jhunjhunu.

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Officer In-Charge, Revenue Section, Collectorate, Jhunjhunu.

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Additional District Collector, Jhunjhunu.

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Sub- Divisional Commissioner, Tehsil Chirawa, District Jhunjhunu.

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Tehsildar, Chirawa, Tehsil District Jhunjhunu.

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Jaipal S/o Dayanand, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Ramesh S/o Ramotar, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Suresh S/o Dayanad, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Hawasingh S/o Mala Ram, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Sonu Kumar S/o Rotash, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Gopal S/o Prabhathsheel, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Rajendra S/o Jainarayan, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Subhash S/o Bhadar Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Ramniwas S/o Mojiram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Dharampal S/o Mojiram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Mahendra Singh S/o Narayanram, R/o Shriamarpura, Post

(2 of 4)

[2023/RJJP/012241]

[CW-4280/2023]

Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Vinod S/o Prabhatsheel, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Richpal S/o Ramswaroop, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Subhash S/o Ganpat Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Mansingh S/o Lichman Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Dayaram S/o Lichman Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Dharam Pal S/o Pitram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Ransingh S/o Mala Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Ramniwas S/o Mala Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Dharam Pal S/o Sahi Ram, R/o Kithana, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Sushil S/o Megha Ram, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Subhash S/o Prabhatsheel, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Rohitash S/o Harfool, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Rakesh S/o Rameshwar Lala, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Omprakash S/o Mala Ram, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Kishanlal S/o Mala Ram, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Tejpal S/o Bhagirath, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Satyapal S/o Rameshwar Lal, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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Sanjay Singh S/o Ram Singh, R/o Shriamarpura, Post Kithana, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

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[CW-4280/2023]

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[2023/RJJP/012241]	(3 of 4) [CW-4280/2023 ----Respondents
For Petitioner(s)	: Mr. Aditya Jain
For Respondent(s)	: Mr. Rahul Sehra on behalf of Mr. Rajesh Maharshi, AAG

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

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Order

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26/05/2023

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

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“i) Issue a writ, order or direction in the mandamus directing the respondents to conduct a survey of Khasra Nos.52, 54, 55 and 249/54 in Villager Shri Amarpura, PO Kithana, Tehsil Chirawa, Jhunjhunu.

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ii) Issue a writ, order or direction in the nature of mandamus thereby directing the respondents to mandate remove the encroachment from Chaaragah (Pasture) land in Khasra Nos.52, 54, 55 and 249/54 admeasuring 17.99 Hectare in Village Shri Amarpura, P.O. Kithana, Tehsil Chirawa, District Jhunjhunu.

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iii) Issue a writ, order or direction in the nature of mandamus and direct the respondents to take immediate action against the encroachers as per law.

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iv) Issue a writ, order or direction for appointment of a high powered court monitored committee to examine the above issue and submit its report to this court periodically.

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v) Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”

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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.

[2023/RJJP/012241]

[CW-4280/2023]

(4 of 4)

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 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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(ANIL KUMAR UPMAN),J

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(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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RAJAT/21

Rohitashw Kumar Dhankar S/O Rameshwar Lal Dhankar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rohitashw Kumar Dhankar S/O Rameshwar Lal Dhankar v. State of Rajasthan

Case brief

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What did the court decide?

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