Disposed

Mukesh Kumar S/O Sh. Sultan Singh v. State of Rajasthan

Rajasthan HC24 May 2023CW/7076/2023

Case brief

AI extract

What is this about?

The Division Bench disposed of the PIL petition directing the Petitioner to submit a representation to the Public Land Protection Cell for encroachment removal within two months, while mandating a hearing for alleged encroachers.

What did the court decide?

Petitioner directed to submit representation to PLPC; respondents to decide within two months; directions given that encroachers must be allowed hearing during inquiry.

Mukesh Kumar S/O Sh. Sultan Singh Vs… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023/RJJP/011825]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 7076/2023

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Mukesh Kumar S/o Sh. Sultan Singh, Aged About 39 Years, R/o Karoda, Tehsil Behror, District Alwar (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur.

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District Collector And President Of Plpc, District Alwar (Raj.).

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Sub Divisional Officer, Behror, District Alwar (Raj.).

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Superintendent Of Police, District Alwar (Raj.).

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Station House Officer, Police Station Behror, District Alwar (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Pushpendra Kumar with Mr. Rajesh Swami

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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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24/05/2023

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Instant Public Interest Litigation petition has been filed with

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the following prayer:-

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“i) Issue a writ, order or direction in the nature thereof thereby direct the respondents to remove the encroachment (wiring through pillars) over the land Khasra No.525 exclusive land (Barani) which is situated at Gram Karoda, Tehsil Behror, District Alwar (Raj.) by the villagers, grabbers/anti social elements.

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ii) Issue a writ, order or direction in the nature thereof thereby direct the respondents to punish the encroachers villagers, grabbers/anti social elements who have encroached upon the said exclusive land (Barani) land.

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Iii) 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.”

[2023/RJJP/011825]

[CW-7076/2023]

(2 of 2)

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 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

Mukesh Kumar S/O Sh. Sultan Singh v. State of Rajasthan

Case brief

What is this about?

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Mukesh Kumar S/O Sh. Sultan Singh v. State of Rajasthan

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