Rajasthan High Court
Jagdish Prasad Dhaka S/O Shri ... vs The State Of Rajasthan on 19 January, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition (PIL) No. 14006/2020
Jagdish Prasad Dhaka S/o Shri Ganga Ram, Aged about 61
Years, R/o Kheriyo Ki Dhani Gram Panchayat Chhapoli Tehsil
Udaipurwati District Jhunjhunu (Raj.) (Mobile Number
9420139352 Baroda Rajasthan Kshetriya Gramin Bank Chhapoli
District Jhunjhunu Account No. 44230100007158 Pan No.
EPBPP2001E)
----Petitioner
Versus
1. The State of Rajasthan, through its Chief Secretary
Government of Rajasthan Govt. Secretariat Jaipur (Raj.)
2. Principal Secretary Department of Forest, Govt. of
Rajasthan Secretariat Jaipur (Raj.)
3. District Collector, Jhunjhunu (Raj.)
4. Sub Divisional Officer, Udaipurwati District Jhunjhunu
(Raj.)
5. Tehsildar, Udaipurwati District Jhunjhunu (Raj.)
6. Patwari Halka, Patwar Bhawan Chhapoli Tehsil
Udaipurwati District Jhunjhunu (Raj.)
7. Principal of Government Higher Primarily School,
Jharihala Tan Chhapoli Tehsil Udaipurwati District
Jhunjhunu (Raj.)
8. Sarpanch Gram Panchayat, Chhapoli Tehsil Udaipurwati
District Jhunjhunu (Raj.)
9. Pappu Son of Shri Lachuram Jat, age about 40 years
10. Amit Dhaka son of Shri Lachuram Jat, age about 35
years,
11. Rajbala wife of Shri Amit Dhaka, age 30 years,
Respondent No. 9 & 11 resident of Dhani Kheriya Ki Tan
Sokhdala Gram Panchayat Chhapoli Tehsil Udaipurwati
District Jhunjhunu (Raj)
----Respondents
For Petitioner : Mr. Sultan Singh Kuri Advocate.
(2 of 4) [CW-14006/2020]
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
19/01/2021
Petitioner has filed this public interest litigation in
connection with illegal encroachment and obstruction over gair
mumkin mountain or public way.
Learned counsel for the petitioner 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
(3 of 4) [CW-14006/2020]
remove their illegal encroachments. Notices have
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.
(4 of 4) [CW-14006/2020]
In view of above, instead of directly
entertaining this public interest litigation petition,
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 petitioner is directed to
approach Respondent No. 3 by filing a detailed representation
along with copy of this order and the grievances of the petitioner
shall be examined by Respondent No. 3 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 /136
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