Disposed

Dashrath Singh Gurjar S/O Sh. Janak Singh Gurjar v. the State of Rajasthan

Rajasthan HC15 May 2023CW/7423/2023

Case brief

AI extract

What is this about?

This PIL petition sought directions to remove encroachments from specific government land. The bench disposed of the matter by directing the petitioner to submit a representation to the Public Land Protection Cell and the respondents to decide it within two months, relying on prior court orders, without commenting on merits.

What did the court decide?

Petitioner directed to submit representation to PLPC; Respondents directed to decide within two months.

Dashrath Singh Gurjar S/O Sh. Janak Singh Gurjar Vs the… — Land Acquisition | Rajasthan HC (2023)

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[2023/RJJP/010811]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 7423/2023

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Dashrath Singh Gurjar S/o Sh. Janak Singh Gurjar, Aged About 29 Years, Resident Of Village Paota, Tehsil Mahwa, District Dausa, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Government Secretariat, Janpath, Jaipur, Rajasthan.

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Principle Secretary, Department Of Revenue, Government Secretariat, Janpath, Jaipur, Rajasthan.

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District Collector Cum Chairman Of Public Land Protection Cell, Dausa, District Dausa Rajasthan.

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Sub-Divisional Magistrate, Mahwa, District Dausa, Rajasthan.

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Tehsildar Mahwa, Tehsil Mahwa, District Dausa, Rajasthan.

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Shish Ram Gurjar S/o Shri Pyar Singh Gurjar, Resident Of Village Paota, Tehsil Mahwa, District Dausa, Rajasthan.

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Sugar Gurjar S/o Shri Pyar Singh Gurjar, Resident Of Village Paota, Tehsil Mahwa, District Dausa, Rajasthan.

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Bharti Gurjar S/o Shri Pyar Singh Gurjar, Resident Of Village Paota, Tehsil Mahwa, District Dausa, Rajasthan.

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Harswaroop Gurjar @ Atlu S/o Shri Pyar Singh Gurjar, Resident Of Village Paota, Tehsil Mahwa, District Dausa, Rajasthan.

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Gajraj S/o Shri Rajendra, Resident Of Village Paota, Tehsil Mahwa, District Dausa, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Vijay Singh Yadav

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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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15/05/2023

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

[2023/RJJP/010811]

[CW-7423/2023]

(2 of 3)

“It is, therefore, humbly prayed that the Hon’ble Court may kindly accept and allow this writ petition (PIL) and further be pleased to call the entire record of the matter and issue an appropriate writ, order or direction to respondents/competent authorities in the nature thereof, whereby:-

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(i) the respondents/competent authorities may kindly be directed to remove the encroachments from the Gair Mumkin Talai bearing khasra No.930 measuring Rakba 0.35 hectare of revenue village Poata has been recorded as Gair Mumkin Talai and the land of Khasra No.930 totally belongs to Gair Mumkin Talai, made by the encroachers/villagers of village Poata, Tehsil & District Dausa;

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(ii) Any other relief, order or direction which this Hon’ble High Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the humble petitioner and public at large.”

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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.

[2023/RJJP/010811]

[CW-7423/2023]

(3 of 3)

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 (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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CHARU SONI /21

Dashrath Singh Gurjar S/O Sh. Janak Singh Gurjar v. the State of Rajasthan

Case brief

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Dashrath Singh Gurjar S/O Sh. Janak Singh Gurjar v. the State of Rajasthan

Case brief

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