HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6899/2022
1. Govind Singh Rathore S/o Bhanwar Singh Rathore, Aged About 57 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.
2. Monan Singh Rathore S/o Ram Singh Rathore, Aged About 68 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.
3. Kishan Singh S/o Bhanwar Singh Rathore, Aged About 61 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.
4. Hari Singh Rathore S/o Banne Singh Rathore, Aged About 73 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.
5. Bahadur Singh Rathore S/o Dalel Singh Rathore, Aged About 72 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.
----Petitioners Versus
1. State Of Rajasthan, Through The Divisional Commissioner, Ajmer.
2. The District Collector, Nagour.
3. The Sarpanch Gram Panchayat Pyawa, Panchayat Samiti Didwana, Distt. Nagaur.
4. The Chief Executive Officer, Zila Parishad, Nagour.
5. The Vikas Adhikari, Panchayat Samiti, Didwana, Distt.
Nagour.
6. The Gram Vikas Adhikari, Pyawa, Panchayat Samiti Didwana, Nagour.
7. Rajuram Swami S/o Dhuji Das @ Ram Das, Village Pyawa, Didwana, Distt. Nagour.
8. Shiva S/o Dhuji Das @ Ram Das, Village Pyawa, Didwana, Distt. Nagour.
----Respondents
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For Petitioner(s) : Mr. Vinay Jain
Mr. Govind Singh Rathore
Mr. Darshan Jain
HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 18/07/2022 This writ petition is filed by the petitioners with a prayer to direct the respondent-authorities to implement the order dated 22.8.2019 passed by the Gram Panchayat, Singrawat Kalan, Panchayat Samiti Deedwana, Distt. Nagaur and to remove the encroachments, which have been made by the respondent Nos.7 and 8 and their family members on the public land.
As per the claim of the petitioners, the respondent Nos.7 and 8 have made encroachments over the public land situated in village Pyawa near their property.
It appears that the petitioners have filed a complaint with the Gram Pancyayat concerned, which took decision on 22.8.2019 of issuing notices to the respondent Nos.7 and 8 to remove the encroachments.
The grievance of the petitioners is to the effect that though the Gram Panchayat concerned has taken a decision to remove the encroachments made by the (Downloaded on 19/07/2022 at 08:57:43 PM) (3 of 4) [CW-6899/2022] respondent Nos.7 and 8 on the public land but the same have not been removed till date.
Having heard learned counsel for the parties and after going through the material available on record, I am of the opinion that when complete procedure is provided under the relevant applicable law to deal with the encroachment over the public land, no writ under Article 226 of the Constitution of India is required to be issued. As per Section 50 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994'), every Gram Panchayat is required to perform certain functions and are having powers to take action. The functions and powers of the Gram Panchayat are specified in Schedule First of the Act of 1994. In the general functions, the Gram Panchayat is empowered to remove all the encroachments made on the public properties. A complete mechanism for removing all encroachments and ejectment of the trespassers have been given in Rule 165 of the Rajasthan Panchayati Rules, 1996. The Gram Panchayat is expected to follow the said procedure for the purpose of removal of encroachments over the public land.
Since a complete mechanism is provided under the Rajasthan Panchayat Raj Act and the Rules made (Downloaded on 19/07/2022 at 08:57:43 PM) (4 of 4) [CW-6899/2022] thereunder to remove encroachments over public lands, I am not inclined to grant reliefs to the petitioners as prayed for in this writ petition while exercising powers under Article 226 of the Constitution of India. In view of the above discussion, this writ petition being bereft of force is hereby dismissed. Stay petition is also dismissed.
(VIJAY BISHNOI),J 75 - ms rathore (Downloaded on 19/07/2022 at 08:57:43 PM) Powered by TCPDF (www.tcpdf.org)