This PIL was disposed of at the motion stage directing petitioners to submit a representation before the Public Land Protection Cell, which must decide within two months, relying on Jagdish Prashad Meena.
Petitioners directed to submit a representation to the PLPC; respondents to decide within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 6286/2023
----Petitioners
Versus
For Petitioner(s) : Mr. Arnav Singh For Respondent(s) : Mr. Rajesh Maharshi, AAG through VC assisted by Mr. Rahul Sehra
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
09/05/2023
Instant Public Interest Litigation petition has been filed with the following prayer:-
(2 of 3)
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“(i) By an appropriate writ, order or direction, direct the respondents to remove the illegal and unauthorized encroachments existing over the land covered by Khasra No.120/2 (cremation land), Khasra No.104 (Pasture Land), Khasra No.106 (Haud land) and Khasra No.222 (Way) situated in revenue village Olagarh, Gram Panchayat Khedi Radan, Panchayat Samiti Laxmangarh, District Sikar forthwith and the encroachers be ousted from the land in question.
(ii) Cost of the present petition be also allowed in favour of the petitioners and against the respondents.
(iii) Any other appropriate writ, order or direction may kindly be passed which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”
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 30.01.2019 has directed creation of Public Land Protection Cell (PLPC) for rural areas in every district.
Counsel for the petitioners submitted that they 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.
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 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.
Considering that this petition has been disposed off at the motion stage without issuing notice to the respondents, it is made
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(3 of 3)
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) .
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.
(ANIL KUMAR UPMAN),J
(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
RAJAT/12
Colour shows how this judgement treated each authority
Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors.Relied on¶27
Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/ 2018 vide order dated 30.01.2019
Heeralal S/o Shri Jagdish
Bhanwar Singh S/o Geedaram
State Of Rajasthan
Manindra Mohan Shrivastava
Anil Kumar Upman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
