Mangi Lal vs State Of Rajasthan
2021 Latest Caselaw 18267 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ (P.I.L.) Petition No. 15756/2021

1. Mangi Lal S/o Sh. Teja Ramji Ghanchi, Aged About 49 Years, R/o Village Kenpura, Post Khairwa, Tehsil and District Pali (Raj.).

2. Mangi Lal Sirvi S/o Sh. Lumba Ramji, Aged About 58 Years, R/o Village H.No. 51, Hombron Ka Bas Kenpura, Post Khairwa, Tehsil and District Pali (Raj.).

----Petitioners 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. V.R. Choudhary
For Respondent(s)          :

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

02/12/2021

By way of this Public Interest Litigation, the petitioners have

raised the issue about the encroachments made over the Gochar

Land in Khasra Nos. 1492/15, 1502 and 1741 and in other khasras

(2 of 3) [CW-15756/2021]

at village Kenpura, Gram Panchayat Vaderawas, Tehsil & District

Pali.

Learned counsel for the petitioners submits that the

encroachers in collusion with the Revenue Authorities have raised

illegal construction over the gochar land and despite raising

grievances by the villagers to remove such illegal encroachments,

the authorities concerned are not giving any adherence to their

grievances.

Learned counsel for the petitioners submits that the Revenue

Authorities are under legal obligation to remove the

encroachments over the public utility lands.

Reliance has been placed upon a 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 passed in case of 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 encroachments 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 concerned have been constituted

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

encroachments on the public utility lands in their vicinity.

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

However, the petitioners are set at liberty to file a fresh

representation /complaint with all the supportive documents

(3 of 3) [CW-15756/2021]

before the concerned PLPC for ventilating their grievances. It is

directed that on receiving such representation / complaint, the

respondents-authorities shall hear the concerned parties and if

compliant is found correct, pass an appropriate order to take

action in accordance with law within a period of four months from

the date of receipt of the representation.

With such directions, the writ petition stands disposed of.

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

5-Ravi Kh/-

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