Rajasthan High Court
Ram Kishan Sharma S/O Banshi Lal ... vs The State Of Rajasthan on 4 February, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition (PIL) No. 13748/2020
1. Ram Kishan Sharma S/o Banshi Lal Sharma, aged about
38 years, R/o Galodiya, Ganeshpura, Jageer (Rural)
Bhilwara (Raj) (Mobile No. 9680445858) PAN:
CRTPS7612E
2. Ladu Lal Gurjar S/o Narayan Lal Gurjar, aged about 34
Years, R/o Galodiya Ganeshpura, Jageer (Rural) Bhilwara
(Raj) (Mobile No. 9815664027)
3. Babu Lal Gurjar S/o Bheru Lal Gurjar, aged about 32
Years, R/o Galodiya Ganeshpura, Jageer (Rural) Bhilwara
(Raj) (Mobile No. 8769237532)
----Petitioners
Versus
1. The State of Rajasthan, through Principle Secretary
Department of Revenue, Secretariat, Jaipur
2. The Commissioner, Rural Development and Panchayati
Raj, Secretariat, Jaipur
3. The Divisional Commissioner, Ajmer
4. The District Collector, Bhilwara
5. The Sub Divisional Officer, Gangapur, District Bhilwara
6. The Block Development Officer, Panchayat Samiti Sahada,
District Bhilwara
7. The Village Development Officer, Village Panchayat
Ganeshpura, Panchayat Samiti Sahada, District Bhilwara
8. Shri Laxman Singh, Village Development Officer (at the
relent time) Village Panchayat Ganeshpura, Panchayat
Samiti Sahada, District Bhilwara
9. Shri Girraj Meena, Assistant Engineer AVVNL at Gangapur
Office District Bhilwara
----Respondents
For Petitioners : Mr. Sunil Kumar Singodiya Advocate.
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
(2 of 4) [CW-13748/2020]
Order
04/02/2021
Petitioners have filed this public interest litigation in
connection with illegal encroachment and obstruction over the
land recorded as bihad in the revenue record and being utilised as
charagah land, land of public pond and public way.
Learned counsel for the petitioners has submitted that
this Court vide order dated 01.03.2019 passed in Anand Kumar
Vs. State of Rajasthan & Others (D. B. P.I.L. Petition No.
4419/2019) has directed the petitioner therein to approach the
respondents by filing a detailed representation, who were further
required to examine the grievances of the petitioner therein and
do the needful within a period of three months from the date of
filing of the representation.
Order dated 01.03.2019 passed in Anand Kumar Vs.
State of Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019)
reads as under:
"This public interest litigation petition has been
filed by the petitioner contending that he is
resident of Village Bass Bijoli, Tehsil Surajgarh,
District Jhunjhunu. Certain residents of that
village have made illegal encroachments on
charagah land (pond/johad) bearing Khasra No.
139/38 which has resulted into obstruction of the
flow of water into village pond/johad and deprived
the villagers of its use. It is contended that
Circular dated 25.04.2011 has been issued by the
State Government in compliance of judgment of
the Supreme Court in Jagpal Singh & Others Vs.
State of Punjab & others, AIR 2011 SC 1123
whereby allotment or regularisation of charagah
land/catchments of a pond/water reservoirs and
ponds for private or commercial purposes has
been stopped with immediate effect. Tehsildar,
Surajgarh vide order dated 26.11.2018 has
declared them trespassers on charagah land and
directed the Inspector (L.R.) and Patwari Halka to
remove their illegal encroachments. Notices have
(3 of 4) [CW-13748/2020]
also been served on the encroachers in pursuance
of the aforesaid order. However, the trespassers
have refused to remove the encroachments. The
Inspector (LR) prepared a report with the help of
Patwari Halka on 04.01.2019 stating that there is
an apprehension of disturbance of peace at the
site and removal of encroachment is possible only
with the help of JCB machines, tractors and police
force etc. It is submitted that the encroachers are
being provided electricity connection and the poles
have also been erected over the disputed land. It
is quite possible that after providing electricity
connections, the charagah land will be
allotted/regularised in favour of the encroachers.
This Court vide order dated 30.01.2019
passed in Jagdish Prasad Meena & Others Vs.
State of Rajasthan & Others, D.B. Civil Writ
Petition (PIL) No. 10819/2018 took note of fact
that large number of writ petitions are being filed
before this Court styled as public interest litigation
petitions which pertained to encroachment over
the pasture land/ land of 'johad', 'talab'/ river/river
bed/public way/ Shamshan/Kabristan etc. and
directed the Chief Secretary of the State to devise
a permanent mechanism, which should be
operational in every District of the State where the
concerned District Collector should be required to
periodically notify for the information of the
general public to lodge the
complaints/representations with regard to such
encroachments with a specially designated Public
Land Protection Cell (for short 'PLPC') for rural
areas. It was further directed by this Court that
the PLPC should be headed by District Collector
and function under his direction and supervision.
The PLPC shall get such
complaints/representations enquired into by
deputing concerned Sub Divisional
Officer/Tehsildar/Naib Tehsildar so as to verify
whether or not such encroachments have actually
taken place on such land. If the allegations are
found to be substantiated, appropriate steps in
accordance with law be immediately taken for
removal of the encroachments and appropriate
penal action be also taken against the trespassers.
The complaints/ representations received in the
PLPC should be decided by passing speaking order,
informing the respective complainant/
representationist about the action taken. It was
observed that this would obviate the necessity of
such complainants/ representationists approaching
this Court directly by way of public interest
litigation.
In view of above, instead of directly
entertaining this public interest litigation petition,
(4 of 4) [CW-13748/2020]
this Court requires the petitioner to approach the
respondents by filing a detailed representation
along with copy of aforesaid order, who shall
examine the grievances of the petitioner and do
the needful within a period of three months from
the date of filing of the representation.
With the aforesaid direction, writ petition
stands disposed of.
Stay Application No. 4156/2019 also stands
disposed of."
In view of the above order, the petitioners are directed
to approach Respondent No. 4 by filing a detailed representation
along with copy of this order and the grievances of the petitioners
shall be examined by Respondent No. 4 and needful be done
within a period of three months from the date of filing of the
representation.
Petition stands disposed of accordingly.
(MANOJ KUMAR VYAS),J (SABINA),J
MANOJ NARWANI /13
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