Luqman Khan S/O Late Shri Abdul ... vs The State Of Rajasthan
2021 Latest Caselaw 7540 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No.14412/2021

1.     Luqman Khan S/o Late Shri Abdul Quddus Khan, Aged
       About 33 Years, R/o Near Saint Thomas School, Rajban,
       Tonk - 304001
2.     Ashraf Ali S/o Aabid Ali, Aged About 33 Years, R/o
       Captain Colony, Jaipur Road, Tonk-304001.
                                                                   ----Petitioners
                                    Versus
1.     The State Of Rajasthan, Through Chief Secretary Of State
       Municipal Corporation, Secretariat, C-Scheme, Jaipur.
2.     Nagar    Parishad,       Through        Commissioner,        Clock-Tower,
       Tonk.
3.     Nagar Parishad, Through Chairman, Clock-Tower, Tonk.
4.     Tehsildaar, District Tonk - Sharkhi, Civil Lines Road, Tonk.
5.     Revenue Department, Through Revenue Officer- Tonk,
       Civil Lines Road, Tonk.
                                                                 ----Respondents

For Petitioner(s) : Ms.Madhumita Das, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

13/12/2021

This petition has been filed by the petitioners alleging

encroachment being made in the gair mumkin pond.

The petitioners have pleaded that such encroachment is

being made in a pond situated in Khasra Nos.5215 ad-measuring

2 bigha 18 biswas.

Learned counsel submitted that the petitioners have

approached the Authorities but no action has been taken.

(2 of 2) [CW-14412/2021]

Learned counsel submitted that the Division Bench of

this Court in D.B. Civil Writ Petition (PIL) No.10819/2018

titled as Jagdish Prasad Meena & Ors. Vs. State of

Rajasathan & Ors. had directed the Authorities to create Public

Land Protection Cell for rural areas, the Authorities are required to

consider grievance of encroachment being made.

Learned counsel also refer to an order dated passed by

this Court in S.B. Civil Writ Petition No.5762/2021 titled as

Parvez Raza & Anr. Vs. District Collector, Tonk & Ors.

This Court finds that the petitioners are first required to

approach the Authorities and as such, they are liberty to file a

detailed and comprehensive representation before the PLPC along-

with a copy of this order and the judgment passed by the Division

Bench in the case of Jagdish Prasad Meena & Ors. (supra).

If such representation is filed within a period of two

weeks, the Competent Authorities shall consider the same and do

the needful, as early as possible, preferably within a period of

eight weeks after its receipt.

Accordingly, the present writ petition stands disposed

of.

(ASHOK KUMAR GAUR), J

Himanshu Soni/29

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