Dismissed

Gram Panchayat Karnikot v. State of Rajasthan

Rajasthan HC16 Oct 2024CW/15777/2024

Case brief

AI extract

What is this about?

In this PIL, the Gram Panchayat Karnikot sought direction to remove encroachment on the Sabi Nadi river belt. The Court found the petitioner issued a legal notice only after initially alleging pasture land encroachment. The PIL was dismissed with liberty to revive if no action was initiated by the Tehsildar within three months.

What did the court decide?

PIL dismissed with liberty to revive if no action is initiated by the Tehsildar within three months.

Gram Panchayat Karnikot Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JP:43356-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition (PIL) No. 15777/2024

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Gram Panchayat Karnikot, Tehsil Mundawar, District KhairthalTijara Though Its Authorized Representative Kailash Chand Sharma S/o Sh. Ramcharan Sharma, Aged About 61 Years, R/o Village Karnikot, Tehsil Mundawar, District Khairthal-Tijara, Rajasthan.

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----Petitioner

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Versus

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

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District Collector, Collectorate Office, District KhairthalTijara,khairthal, Rajasthan.

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Sub Divisional Officer, Tehsil Mundawar, District KhairthalTijara, Rajasthan.

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Tehsildar, Tehsil Mundawar, District Khairthal-Tijara, Rajasthan.

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Xen, Jvvnl, Kishangarhbas, District Khairthal-Tijara, Rajasthan.

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Aen, Jvvnl, Sodavas, Tehsil Mundawar, District KhairthalTijara, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Ashish Sharma Upadhyay, Advocate

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For Respondent(s) : Mr. G.S. Gill, AAG with Ms. Shikha Sharma, Advocate

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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16/10/2024

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Heard.

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The allegation made through this PIL is that encroachment has taken place by certain persons on the parts of the land of Gair

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[2024:RJ-JP:43356-DB]

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[CW-15777/2024]

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(2 of 2)

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Mumkin Nadi bearing khasra No.182 (Sabi Nadi) situated in village Karnikot.

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Learned counsel for the petitioner would submit that though initially, an allegation of encroachment on pasture land was made but later on after collecting other information, the petitioner came to know that the part of river belt has been encroached whereafter a legal notice was given to all the Revenue Authorities including Tehsildar on 14.08.2024. As no action has been taken, the petitioner has approached this Court seeking appropriate direction.

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We find that for the first time, the petitioner sent legal notice dated 14.08.2024 seeking removal of encroachment on the part of river belt of Sabi Nadi.

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We are of the view that the petitioner ought to have waited for reasonable time before rushing to the writ Court through this PIL.

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The present PIL is dismissed with liberty to revive in case, no action is initiated by the Tehsildar concerned within a reasonable period of three months.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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Sanjay Kumawat/Ashish Kumar/54

Gram Panchayat Karnikot v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gram Panchayat Karnikot v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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