The High Court disposed of a contempt petition filed against orders passed to investigate encroachments on public land by directing the petitioner to avail all legal remedies available following the functioning of the Public Land Protection Committee.
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[2024:RJ-JD:29194-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 1188/2023
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. S.S. Ladrecha, AAG
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR Order
18/07/2024
In the previous round of litigation, this Court has passed the
following order:-
“The dispute in this public interest litigation is regarding encroachments on the public land i.e. the Ancient Monument Garh Kila Raipur, District Bhilwara.
The submission of learned counsel for the petitioners is that the aforesaid land is a Nazul land and that no one has authority of law to encroach upon it and to raise any construction but certain persons have unauthorizedly occupied the land and raised construction to the detriment of public at large and despite repeated representations of the petitioners, the State authorities are not taking any action so as to remove those encroachments.
An application has been filed on behalf of the Waqf Board for impleadment alleging that it is a Waqf property.
(2 of 2)
[2024:RJ-JD:29194-DB]
[WCP-1188/2023]
Another application has been moved by one private person claiming it to be a Waqf property.
In this writ petition we are not called upon to decide the title of any property over the land in question. It may however be pertinent to mention here that Waqf had previously filed a suit no. 33/2007 before the Rajasthan Waqf Tribunal, Jaipur for getting their rights over the land in dispute declared but when the State responded in the said suit by alleging that the aforesaid land of Arazi No. 2524 area 3 Bigha 4 Biswa of new Khasra No. 1803 is a Nazul land which is recorded as such in revenue record and that it is not a Waqf property, the suit was withdrawn.
The grievance of the petitioners that the above Nazul/ public land has been encroached upon can very well be looked into by the District Collector at his own level in terms of the Division Bench Judgment of this Court in the case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018 decided on 30.01.2019] .
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction to the District Collector concerned to get the matter considered by the PLPC in accordance with law most expeditiously within a period of three months by a speaking order after hearing the parties concerned.
In case the petitioners are not satisfied with the order of the PLPC, they are at liberty to take recourse to the remedies as may be available to them in law. ”
(KULDEEP MATHUR),J
(SHREE CHANDRASHEKHAR),J
92-divya/himanshu/-
Colour shows how this judgement treated each authority
Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018 decided on 30.01.2019]Followed¶28
Narendra Singh Kothari
Dinesh Mali
Nathu Lal Sharma
The Secretary, Revenue Department, Government Of Rajasthan
Ashish Modi
Subodh Singh Charan
Kuldeep Mathur
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
