Dismissed

Om Prakash S/O Shri Mukandaram v. State of Rajasthan

Rajasthan HC11 May 2023CW/6408/2023

Case brief

AI extract

What is this about?

The petitioners sought removal of encroachment from river land and action against land grabbers. The court disposed of the petition by directing the petitioner to submit a representation to the Public Land Protection Cell created under a prior order, with a two-month deadline for disposal by respondents.

What did the court decide?

Petitioner to submit representation to Public Land Protection Cell; respondents to decide within two months. No comment on merits.

Om Prakash S/O Shri Mukandaram Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil PIL (Writ) Petition No. 6408/2023

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Om Prakash S/o Shri Mukandaram, Aged About 47 Years, R/o Bilwa, Pujari Ki Dhani, Tehsil Nawalgarh, District Jhunjhunu.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Its Principal Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur.

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District Collector, Jhunjhunu.

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Sub-Divisional Officer, Nawalgarh, District Jhunjhunu.

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Tehsildar, Nawalgarh, District Jhunjhunu.

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----Respondents

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For Petitioner(s) : Mr. Vijay Punia For Respondent(s) : Mr. Rajesh Maharishi, AAG with Mr. Rahul Sehra

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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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11/05/2023

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

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“It is therefore, most respectfully prayed that this Hon’ble Court may very graciously be pleased to accept and allow this PIL (writ petition) and further be pleased to:-

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i) Issue a writ, order or direction in the nature thereof thereby, the respondents may kindly be directed to remove the encroachment from land of Gair Mumkin Nadi (river) bearing Khasra No.2724

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[CW-6408/2023]

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(2 of 3)

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measuring 0.03 Hect and Khasra No. 1350 measuring 34.3800 Hect situated in village Parasrampura, Tehsil Nawalgarh District Jhunjhunu and take effective action against the land grabbers who raised encroachment upon Catchment area of Nadi.

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ii) 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. 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.

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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

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[CW-6408/2023]

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(3 of 3)

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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 ANAND TANWAR /16

Om Prakash S/O Shri Mukandaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash S/O Shri Mukandaram v. State of Rajasthan

Case brief

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