Disposed

Vishram Singh Meena S/O Shri Phool Chand Meena v. the State of Rajasthan

Rajasthan HC2 Aug 2024CW/6164/2024

Case brief

AI extract

What is this about?

In this PIL concerning encroachment on ~76 hectares of public land, the Court disposed of the petition without commenting on merits, granting liberty to the petitioner to file an application under Section 91 of the Land Revenue Act, 1956, before the Tehsildar.

What did the court decide?

Liberty given to petitioner to submit application under Section 91 of Land Revenue Act, 1956 before Tehsildar within 30 days for removal of encroachment proceedings.

Vishram Singh Meena S/O Shri Phool Chand Meena Vs the… — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JP:32908-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 6164/2024

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Vishram Singh Meena S/o Shri Phool Chand Meena, Aged About 65 Years, Resident Of Village Aakhawada, Tehsil Todabhim, District Gangapurcity, 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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Principal Secretary, Department Of Revenue, Government Secretariat, Janpath, Jaipur, Rajasthan.

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Principal Secretary, Department Of Home, Government Secretariat, Janpath, Jaipur, Rajasthan.

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District Collector, Chairman Of Public Land Protection Cell, Gangapurcity, District Gangapurcity, Rajasthan.

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Superintendent Of Police, (Jaipur Rural), District Gangapurcity, Rajasthan.

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Additional District Collector, First Cum Officer In Charge Revenue Branch, District Jaipur, Rajasthan.

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Sub-Divisional Magistrate, Todabhim, District Gangapurcity, Rajasthan.

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Tehsildar Todabhim, Tehsil Todabhim, District Gangapurcity, Rajasthan.

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Area Patwari, Patwari Area Shekhpur, Tehsil Todabhim, District Gangapurcity, Rajasthan.

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Secretary, Gram Panchayat Aakhwada, Tehsil Todabhim, District Gangapurcity, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Sandeep Kumar Meena Mr. Tushar Panwar Mr. Mukul Rao For Respondent(s) : Mr. GS Gill, AAG assisted by Ms. Shikha Sharma

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(2 of 3)

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[2024:RJ-JP:32908-DB]

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[CW-6164/2024]

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

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Order

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02/08/2024

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Heard.

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In this Public Interest Litigation, serious allegations with regard to encroachment on public land/ charagah land on a vast extent of government land, ad-measuring 75.9200 hectares has been made.

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According to the learned Counsel for the petitioner, despite various representations made to the Tehsildar as also to the Collector since September, 2023, till date no action has been taken.

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Learned Additional Advocate General Mr. GS Gill who is present in the Court would submit that the petitioner may submit an application under Section 91 of the Land Revenue Act, 1956 (for short ‘the Act of 1956’) before the Tehsildar, Tehsil Balghat, District Gangapur City and if earlier no proceedings have been drawn, proceedings would be drawn and brought to its logical conclusion as expeditiously as possible.

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We find that representations have been made by the petitioner to Tehsildar, Tehsil Todabhim, District Gangapur City as also Tehsildar, Tehsil Balghat, District Gangapur City.

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Learned counsel for the petitioner however submits that the jurisdiction lies with Tehsildar, Tehsil Todabhim, District Gangapur City.

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In view of the statement which has been made before this Court, we are not inclined to keep this petition pending but to

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[2024:RJ-JP:32908-DB]

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[CW-6164/2024]

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(3 of 3)

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dispose of the same with liberty to the petitioner to submit an application under Section 91 of the Act of 1956 before the Tehsildar, Tehsil Todabhim, District Gangapur City within a period of 30 days from today, giving specific details of the land and also the persons who are alleged to have been occupants/encroachers.

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One such application is made, the Tehsildar shall, if not already drawn proceedings for removal of encroachment, shall draw proceedings in accordance with the provisions of law and pass appropriate orders one way or the other as early as possible. 9. The instant petition at this stage is, accordingly, disposed of. 10. However, we make it clear that we have not commented on the merits of the case, nor this order shall be treated as declaration of title.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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N.Gandhi-RAHUL/10

Vishram Singh Meena S/O Shri Phool Chand Meena v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vishram Singh Meena S/O Shri Phool Chand Meena v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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