Dismissed

Bhanwar Singh v. the State of Rajasthan

Rajasthan HC29 Nov 2023WCP/792/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a contempt petition filed by petitioners alleging non-compliance with previous directions regarding encroachment on public land. The Court held that no case for contempt was made out as the matter had been referred to the Panchayat Samiti based on revenue records classifying the land as abadi or forest.

What did the court decide?

The contempt petition is dismissed and notices are discharged.

Bhanwar Singh Vs the State of Rajasthan — Environment and Pollution | Rajasthan HC (2023)

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[2023:RJ-JD:41136-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Contempt No. 792/2021

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Bhanwar Singh S/o Mangal Singh, Aged About 80 Years, R/o Mangal Singh, Kanaji Ki Dhani, Hariyasar, District Jaisalmer, Rajasthan.

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Lakh Singh S/o Amb Singh, Aged About 61 Years, R/o Village And Post Hariyasar, Rajmathai, District Jaisalmer.

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----Petitioners

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Versus

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The State Of Rajasthan, Through The District Collector, Jaisalmer.

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Ms Tina Dabi, The District Collector, Jaisalmer.

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Mr. Rajesh Kumar, Sub Divisional Officer, Bhaniyana, Jaisalmer, Rajasthan.

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Mr. Gotam Ram, Development Officer, Panchayat Samiti Sankada, Post Pokran, District Jaisalmer Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Girish Kumar Sankhala For Respondent(s) : Mr. Sunil Beniwal, AAG

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

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29/11/2023

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This contempt petition is filed by the petitioners alleging that the respondents have not complied with the directions given by this Court on 2.11.2020 in D.B. Civil Writ Petition No.7974/2020.

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This Court, vide order dated 02.11.2020, kept it open for the petitioners to raise the grievance regarding encroachment over the public land if any, before the Public Land Protection Cell (for short ‘the PLPC’) with further directions that if any representation is made by the petitioners in respect of the grievances raised in the writ petition, the same shall be considered by the PLPC in accordance with law expeditiously.

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Learned counsel for the petitioners has submitted that the encroachments over the public lands of Khasra Nos.681 and 685

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[2023:RJ-JD:41136-DB]

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[WCP-792/2021]

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(2 of 2)

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of Gram Panchayat Rajmathai, Tehsil Bhanwariya have not been removed though the petitioners have filed representation before the PLPC.

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In reply, learned counsel for the respondents has submitted that the grievance raised by the petitioners before the PLPC has already been resolved.

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It is submitted that the land of Khasra No.685 is recorded as gair mumkin abadi in the revenue record and the land of Khasra No.681 is bifurcated in two parts, one part is reserved for forest, whereas the other part is recorded as abadi land in the revenue record.

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Learned counsel for the respondents has submitted that taking into consideration the above fact position, the PLPC has dropped the matter and referred the same to the Panchayat Samiti Bhaniyana for taking necessary action.

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Learned counsel for the petitioners is not in position to dispute the fact that the land of Khasara Nos.681 and 685 of Gram Panchayat Rajmathai, Tehsil Bhanwariya is recorded as abadi and forest land in the revenue and forest records.

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In view of the above, we are of the view that no case for contempt is made out.

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Hence, the contempt petition is dismissed.

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Notices are discharged.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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70-AnilKC/-

Bhanwar Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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