Kalu Ram Nayak vs State Of Rajasthan
2021 Latest Caselaw 18031 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ (P.I.L.) Petition No. 15698/2021

Kalu Ram Nayak S/o Sh. Vakta Ram Nayak, Aged About 41 Years, Nayako Ka Bass, Rampura, Post Khairwa, Tehsil And District Pali (Raj.).

----Petitioner Versus

1. State of Rajasthan, through Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. The District Collector (Revenue), Pali (Raj.).

3. The Sub Divisional Officer, Pali, District Pali (Raj.).

4. Tehsildar (Revenue), Pali, District Pali (Raj.).

5. Sarpanch, Gram Panchayat Vaderawas, Tehsil And District Pali (Raj.).

                                                                    ----Respondents


For Petitioner(s)            :     Mr. Varada Ram Choudhary
For Respondent(s)            :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL Order

01/12/2021

By way of this Public Interest Litigation, the petitioner has

raised the issue that the Gochar Land in Khasra No.924 and 931

and the land of gair mumkin nada of Khasra No.1051 at village

Rampura, Gram Panchayat Vaderawas, Tehsil and District Pali have

been encroached upon by raising illegal construction and the

respondents authorities are not removing the encroachments. It

has been submitted that the Gram Sabha of Gram Panchayat

Vaderawas, Tehsil Pali also passed a resolution for removal of

encroachment made over the Gochar Land however the same has

not been acted upon.

(2 of 2) [CW-15698/2021]

Reliance has been placed upon the judgment of Hon'ble the

Supreme Court passed in the case of Jagpal Singh Vs. Punjab &

Ors. reported in 2011 (11) cases 396 and to the judgment of this

Court in case of in Jagdish Prasad Meena Vs. State of

Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018

decided vide order dated 30.01.2019.

We have noticed that this Court in the case of Jagdish Prasad

Meena (supra) has taken the issue of encroachment over the

Public utility lands and directed the State Government to prepare

a permanent mechanism for removal of such illegal

encroachments. Pursuant to the directions of this Court, it has

been informed that the Public Land Protection Cell ( for short

PLPC) Headed by the Collector concern have been constituted at

District Level, which are dealing with the issues of removal of

encroachment on the public utility lands within their vicinity.

Therefore, we are not inclined to pass a separate order and

direct the petitioner to file a fresh representation/complaint with

all details and documents before the concerned PLPC and it is

expected the respondent authorities to consider the

representation/complaint of the petitioner and to pass an

appropriate order / action thereupon in accordance with law within

a period of four months from the date of receipt of the

representation.

With such observations, the writ petition stands disposed of.

(SUDESH BANSAL),J (AKIL KURESHI),CJ

18-Ravi Kh/-

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