Disposed

Bhanwar Lal Pandar v. State of Rajasthan

Rajasthan HC7 Nov 2023WCP/593/2023

Case brief

AI extract

What is this about?

This Const. court disposed of a contempt petition alleging non-compliance with previous directions regarding encroachment removal. The AAG assured completion of proceedings under Section 91, Council plans, leading to no further order needed.

What did the court decide?

Contempt petition disposed without passing any further order in view of the Respondents assurance regarding removal of encroachments.

Bhanwar Lal Pandar Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

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[2023:RJ-JD:38363-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Contempt No. 593/2023

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Bhanwar Lal Pandar S/o Shri Dungar Ram, Aged About 49 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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Mala Ram S/o Shri Purkha Ram, Aged About 55 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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Gopichand S/o Shri Sirdararam, Aged About 50 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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Kalyan Singh S/o Shri Jugal Singh, Aged About 43 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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Mala Ram S/o Shri Hariram, Aged About 32 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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Kashi Ram S/o Shri Gangaram, Aged About 60 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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Balu Ram S/o Shri Devaram, Aged About 70 Years, R/o Village Loonasar, Tehsil Sardarsahar, District Churu.

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----Petitioners

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Versus

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State of Rajasthan, through the Secretary, Revenue Department, Government of Rajasthan, Jaipur, Rajasthan.

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Siddharth Sihag, The District Collector (Revenue), Churu.

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Vijendra Singh, The Sub Divisional Officer, Sardarsahar, District Churu.

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Kamal Kishor Mehta, The Tehsildar (Revenue), Sardarsahar, District Churu.

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Santosh Pandar, Sarpanch Gram Panchayat Rajasar Panwaran, Tehsil Sardarsahar, District Churu.

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----Respondents

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For Petitioner(s)	: Mr. K.R. Saharan
For Respondent(s)	: Mr. Sunil Beniwal, AAG
	with Mr. Utkarsh Gurjar
For Applicant(s)	: Mr. Trilok Joshi

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(2 of 4)

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[2023:RJ-JD:38363-DB]

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[WCP-593/2023]

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Order

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07/11/2023

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1. The matter comes up for consideration of the application (IA No.1/2023) preferred on behalf of the applicants with a prayer to implead them as party respondents in this contempt petition.

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2. Learned counsel Mr. Triolk Joshi appearing on behalf of the applicants has submitted that he wants to withdraw the application (IA No.1/2023), however, seeks liberty for the applicants to avail appropriate remedy available to them under the law.

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3. In view of the above submission, the application (IA No.1/2023) is dismissed as withdrawn with the liberty as prayed for.

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4. This contempt petition has been filed by the petitioners alleging that the respondents have not complied with the directions given by this Court vide order dated 27.08.2022 passed in D.B. Civil Writ Petition No.12392/2022 (Bhanwar lal Pandar & Ors. Vs. State of Rajasthan & Ors.) .

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5. This Court vide order dated 27.08.2022 passed in D.B. Civil Writ Petition No.12392/2022 (Bhanwar lal Pandar & Ors. Vs. State of Rajasthan & Ors.) while granting liberty to the petitioners to submit a representation to the District Collector concerned, has directed the District Collector to assign the matter to the Public Land Protection Cell (hereinafter to be referred as ‘the PLPC’). It is further observed that the PLPC shall conduct a thorough enquiry

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(3 of 4)

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[2023:RJ-JD:38363-DB]

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[WCP-593/2023]

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into the representation of the petitioners in the light of the directions given by this Court on 30.01.2019 in the case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.10819/2018) and decide the same within a period of six months from the date of submission of representation.

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6. In response to this contempt petition, reply has been filed on behalf of the respondents, wherein it is mentioned that the respondents have identified the encroachments over the public land of Village Loonasar, Tehsil Sardarshahar, District Churu and after identifying the said encroachments, notice under Section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter to be referred as ‘the Act of 1956’) has been issued to the encroachers on 31.07.2023.

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7. Learned AAG has submitted that during the course of identification of encroachments, it is found that as many as 8 encroachments of pakka nature are there and those encroachments can only be removed after the Model Code of Conduct is over.

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8. Learned AAG has assured this Court that the proceedings under Section 91 of the Act of 1956 initiated against the alleged encroachers would be completed in the end of December 2023 and as per the orders passed in those proceedings, the encroachments would be removed by 15.01.2024. Assurance is also given by learned AAG that the encroachments of pakka nature would be removed as soon as the Model Code of Conduct is over.

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(4 of 4)

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[2023:RJ-JD:38363-DB]

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[WCP-593/2023]

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9. In view of the reply to this contempt petition and assurance given by learned AAG, we are of the view that no further order is required to be passed in this contempt petition.

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10. Hence, this contempt petition is disposed of.

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11. Notices are discharged.

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(MUNNURI LAXMAN),J (VIJAY BISHNOI),J

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Abhishek Kumar S.No.50

Bhanwar Lal Pandar v. State of Rajasthan

Case brief

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Bhanwar Lal Pandar v. State of Rajasthan

Case brief

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