Mahendra Singh S/O Yadram vs State Of Rajasthan

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D.B. Civil Writ (PIL) Petition No. 9257/2022

Mahendra Singh S/o Yadram, Aged About 42 Years, R/o Village
Beelaheri, Tehsil Kotkasim, District Alwar, Rajasthan.
                                                                          ----Petitioner
                                        Versus
1.          State   Of    Rajasthan,          Through         Revenue        Secretary,
            Secretariat, Jaipur.
2.          The District Collector, Alwar.
3.          The Sub-Divisional Officer, Kotkasim, Alwar.
4.          The Tehsildar, Kotkasim, Alwar.
                                                                     ----Respondents

For Petitioner(s) : Mr. Gajender Singh Rathore, Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment / Order 04/07/2022 Instant Public Interest Litigation petition has been filed with the following prayer:-

"It is, therefore, most respectfully submitted that your lordships may be gracious enough to kindly allow this Public Interest Litigation, and-

(i) To kindly issue a writ, order or direction in the nature thereof and thereby direct the respondents to take action in regarding the protection of the land bearing Kh. No. 1509/302 measuring 1.6600 situated at village Beelaheri, Tehsil Kotkasim, District Alwar belongs to Gair Mumkeen School.

(ii) To kindly issue a writ, order or directions in the nature thereof and thereby direct the respondents to take action to remove the encroachment from the land bearing Kh. No. 1509/302 measuring 1.6600 situated at village Beelaheri, Tehsil Kotkasim, District Alwar belongs to Gair Mumkeen School.

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                                          (iii)        Any other appropriate writ, order or direction which is

deemed just and proper by this Hon'ble court may also be passed in favour of the petitioner.

(iv) Costs of the writ petition may also be allowed in favour of the petitioner."

A Division Bench of this Court in the matter of 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.

Learned counsel for the petitioner submitted that he may be permitted to submit a representation before the PLPC and respondents be directed to dispose off the same within a period of two months.

In that view of the matter, the writ petition stands disposed off, in view of the directions issued by the Division Bench in the matter of Jagdish Prashad Meena (supra) and the petitioner is at liberty to make a representation before PLPC and the respondents are directed to decide the same within a period of two months.

Considering that this petition has been disposed off at the motion stage without issuing notice to the respondents including private respondents, it is made clear that this Court has not commented upon the merits of the case but only directed inquiry on the complaints as per the order passed in the case of Jagdish Prashad Meena (supra).

It is further directed that in the inquiry for removal of encroachment, the persons, who are alleged to be encroachers, shall be afforded an opportunity of hearing.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J Mohita /22 (Downloaded on 24/07/2022 at 11:31:31 PM) Powered by TCPDF (www.tcpdf.org)