Rajasthan High Court - Jodhpur
Gordhan Singh vs State Of Rajasthan And Ors on 12 July, 2021
Bench: Sabina, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition (PIL) No. 15799/2017
Gordhan Singh S/o Shri Vijay Singh, aged 65 years, Resident Of
Village Sasari, Tehsil Desuri, District Pali. Raj.
----Petitioner
Versus
1. State Of Rajasthan Through The Chief Secretary, Govt. Of
Rajasthan, Secretariat, Jaipur.
2. Revenue Secretary, Govt. Of Rajasthan, Secretariat,
Jaipur.
3. Collector, Pali, District Pali.
4. Tehsildar, Tehsil Desuri, District Pali.
----Respondents
For Petitioner(s) : Mr. K.R. Choudhary, Advocate
For Respondent(s) : Ms. Rekha Borana, Additional
Advocate General with Mr. Saransh
Vij, Advocate
Mr. R.S. Kumpawat, Advocate
Mr. S.K. Maru, Advocate
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
12/07/2021
Petitioner has filed the petition under Article 226 of the
Constitution of India by way of Public Interest Litigation.
The prayer clause of the petition reads as under:-
"It is, therefore, humbly and respectfully
prayed that this writ petition (PIL) may kindly be
allowed and by an appropriate writ order or
direction, this Hon'ble Court may kindly be pleased
to-
(a) direct the respondents to remove the
illegal possession on the land of Khasra No. 83, 84,
221, 341 etc. as shown in Khasra Parivartansheel of
(2 of 3) [CW-15799/2017]
Year 2016-2017 and remove unauthorized
possession and construction made over the pasture
land, catchment area of the ponds, magri land etc.
of village Sansari, Tehsil Desuri, District Pali.
(b) The respondents may kindly be directed to
comply with the directions given in the SLP by the
Hon'ble Supreme Court to all the District Collectors
and the concerned revenue authorities.
(c) Any other appropriate writ, order or
direction which this Hon'ble Court may deem just
and proper in the facts and circumstances of the
case may kindly be passed in favour of the
petitioner.
(d) Writ petition filed by the petitioners may
kindly be allowed with costs."
We have heard learned counsel for the parties and have gone
through the record available on the file carefully.
The dispute in the present case relates to encroachment over
khasra numbers-in-question.
In the reply submitted by the State, it has been averred that
so far as encroachments on khasra numbers 83, 84, 389, 200,
202 and 420 are concerned, encroachments have been removed
from the same on 27.06.2018. In this regard, report Annexure R-2
has been placed on record.
So far as khasra number 289 & 290 are concerned, the
same relate to catchment area and it has been averred in the
written statement filed by the State that there is no encroachment
over the said khasra numbers.
As per the progress report submitted by the State dated
03.10.2018, encroachment had also been removed from khasra
number 221.
(3 of 3) [CW-15799/2017]
As per the additional affidavit filed by the State dated
08.02.2021, encroachments on all the disputed khasra numbers
had been removed except 0.80 hectares of land. On the said land
total 8 houses and 7 badas were existing in khasra number 341
Village Sansari, Desuri. The said land was entered in the revenue
records as gair mumkin magri and the same was reserved for
gochar purposes. The said houses were constructed by the
persons who were not having any alternate place of residence in
Panchayat Sansari.
Taking into consideration the fact that the encroachers were
landless persons, a proposal for regularization of 0.80 hectares of
land bearing khasra number 341 was taken up and no objection in
this regard was issued by the Gram Panchayat, Sansari, Panchayat
Samiti Desuri, Pali. The proposal for regularization of 0.80
hectares of land bearing khasra number 341 into Abadi land is
pending consideration before the Collector Pali. A proposal is also
under consideration for setting apart 0.80 hectares of the Sivay
Chak land of khasra number 202 of Village Sansari in the nature of
barani doyam to be converted into gochar.
In view of the reply and additional affidavits submitted by
the State, no ground for further interference by this Court is called
for.
Petition stands disposed of accordingly.
(VINIT KUMAR MATHUR),J (SABINA),J
Mohita/44
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