Disposed

Maha Singh v. State of Rajasthan

Rajasthan HC8 Apr 2024CW/5992/2024

Case brief

AI extract

What is this about?

In this writ petition alleging encroachment over public land, the High Court dismissed the petition by directing the petitioner to submit a representation to the Public Land Protection Cell (PLPC) within six months, relying on prior bench orders to decongest court registers regarding land disputes.

What did the court decide?

Disposed keeping discrimination; representation to be submitted to PLPC for disposal within 6 months.

Maha Singh Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2024)

¶1

[2024:RJ-JD:15584-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Civil Writ Petition No. 5992/2024

¶4

Maha Singh S/o Prasada Ram, Aged About 74 Years, Gagarwas, Suratpura, Tehsil Rajgarh District Churu (Raj.).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through The Principal Secretary, Revenue Department, Government Of Rajasthan, Secretariat Jaipur (Raj.).

¶8

The District Collector, Churu (Raj.).

¶9

The Sub-Divisional Officer, Tehsil Rajgarh, District Churu (Raj.).

¶10

The Tehsildar, Tehsil Rajgarh, District Churu (Raj.).

¶11

The Chairman, Zila Parishad Churu.

¶12

The Chief Executive Officer, Zila Parishad Churu (Raj.).

¶13

The Assistant Mining Engineer, Churu (Raj.).

¶14

Dayanand S/o Ramchandra, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶15

Sandeep S/o Dayanand Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶16

Roshan S/o Hukkamaram Jha, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶17

Mewa Singh S/o Tulsaram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶18

Jaypal S/o Tulsaram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶19

Surajbhan S/o Tulsaram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶20

Jagdish S/o Nanakram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶21

Surat Singh S/o Lokram, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶22

Rohtash S/o Hanumanram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶23

Gopiram S/o Sher Singh Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶24

Jay Singh S/o Tarachand Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶25

Mahaveer S/o Kurdaram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶26

Satyabhan S/o Bhagwana Ram, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶27

Surajbhan S/o Bhagwana Ram, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶28

Dinesh S/o Gagaram, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶29

Gagaram S/o Shyoram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶30

Vidyanand S/o Shree Chand Swami, Gagarwas, Tehsil

¶31

(2 of 5)

¶32

[2024:RJ-JD:15584-DB]

¶33

[CW-5992/2024]

¶34

Rajgarh District Churu (Raj.)

¶35

Dharamveer S/o Lekh Ram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶36

Jay Singh S/o Lekh Ram Swami, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶37

Shiv Lal S/o Purn Ram Meghwal, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶38

Ramanand S/o Ram Chandra Meghwal, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶39

Indra Singh S/o Ram Chandra Meghwal, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶40

Dana Ram S/o Ram Chandra Meghwal, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶41

Dalveer S/o Dharampal Meghwal, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶42

Kamal Singh S/o Shishram Jha, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶43

Mani Ram S/o Goparam Jha, Gagarwas, Tehsil Rajgarh District Churu (Raj.)

¶44

----Respondents

¶45

For Petitioner(s) : Mr. Hardik Gautam For Respondent(s) : Mr. Ayush Gehlot for Mr. Rajesh Panwar, AAG

¶46

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

¶47

Order

¶48

08/04/2024

¶49

This writ petition has been preferred claiming the following

¶50

reliefs :-

¶51

"(i). the respondents may be directed to remove the encroachment made over the land in Khasra Nos.224 & 226 which are recorded as Gair Mumkin Hadwari, Khasra No.228 which has been recorded as Gair Mumkin Kua and 229 has been recorded as Gair Mumkin Samshan at Gram Gagarwas Patwar Halka ragha Badi Tehsil Rajgarh, District Churu, as per the Jamabandi at sanctioned Mutation Entry No.314 dated 23.10.2018.

¶52

(3 of 5)

¶53

[2024:RJ-JD:15584-DB]

¶54

[CW-5992/2024]

¶55

(ii). any other order favourable to the petitioner may also be passed."

¶56

A Division Bench of this Court in 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; the relevant portion of the order reads as follows :-

¶57

"This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the pasture land/ land of ‘johad’, ‘talab’/ river/river bed/public way/ Shamshan/Kabristan etc. In all such petitions, common allegation is that despite repeated complaints/representations to the concerned revenue officers, no steps are taken by them to remove the encroachment. This results in number of writ petitions being filed by the complainants/representationists before this Court. This Court has been passing orders in such matters requiring the respective District Collectors to examine the factual content of the allegations and take steps to remove the encroachments so as to secure such land.

¶58

In order therefore to provide a pan-Rajasthan solution to this ever persisting problem, we deem it appropriate to direct the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. The PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments

¶59

(4 of 5)

¶60

[2024:RJ-JD:15584-DB]

¶61

[CW-5992/2024]

¶62

and appropriate penal action be also taken against the trespassers. The complaints/representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. This would obviate the necessity of such complainants/ representationists approaching this Court directly by way of public interest litigation. If this practice is put in place, this Court would not be inclined to directly entertain such public interest litigation or would do so only in the event of inaction on the part of the concerned PLPC.

¶63

The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh & Others Vs. State of Punjab & Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/ Shamlat land and the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving them a show cause notice and a brief hearing. It was further held therein that long duration of the illegal encroachment/occupation of land or huge expenditure in making construction thereon or political connections of trespassers are no justification for regularising such illegal occupation. Regularisation should be permitted only in exceptional cases where lease has been granted under some government notification e.g. to landless labourers or members of Scheduled Castes/Scheduled Tribes or where there is already a school, hospital, dispensary, ‘shamshan’, ‘kabristan’ or other public utility of the like nature on the land.

¶64

Observations of the Supreme Court in Jagpal Singh (supra) thus leaves no manner of doubt that removal of encroachment on all such land is a rule and regularisation an exception and that too in extremely limited number of cases, which only the Government can do by appropriate notification of the government and no other authority.

¶65

List this matter on 14.03.2019.

¶66

A copy of this order be sent to the Chief Secretary of the State of Rajasthan, Government Secretariat, Jaipur, who shall ensure compliance of this order and do the

¶67

(5 of 5)

¶68

[2024:RJ-JD:15584-DB]

¶69

[CW-5992/2024]

¶70

needful for creation of Public Land Protection Cell (PLPC) for rural areas. A copy of this order be also provided to Mr. Anil Mehta, learned Additional Advocate General for compliance. "

¶71

Counsel for the petitioner submitted that the petitioner may be permitted to submit a representation before the PLPC and respondents be directed to dispose of the same within a period of six months.

¶72

Accordingly, the writ petition stands disposed of in view of the directions issued by a Division Bench of this Court in Jagdish Prashad Meena (supra) and the petitioner is at liberty to make a representation before PLPC and the respondents shall decide the same within a period of six months, from the date of receiving the certified copy of this order, strictly in accordance with law. All pending applications stand disposed of.

¶73

(YOGENDRA KUMAR PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J

¶74

198-Sudheer/-

Maha Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Maha Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Lrs. of Late Shri Shishu Pal Singh Vs the District Collector

Vinita Sarda Vs Union of India

Rajasthan Public Service Commission Vs Dr. Ramakant Soni

State of Rajasthan Vs Sunil Kumar

Gram Panchayat Badiyar Vs State of Rajasthan

Prabhulal Damor Vs the State of Rajasthan