Gram Panchayat Sanvaria vs State Of Rajasthan
2021 Latest Caselaw 2227 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12037/2020

Gram Panchayat Sanvaria, Panchayat Samiti Todaraisingh,
District Tonk through its Sarpanch Smt. Bhuri W/o Shri
Sayojiram, aged about 85 yearsm resident of Village & Post
Sanvaria, Tehsil Todaraisingh, Distt. Tonk (Raj.).

                                                                   ----Petitioner

                                   Versus

1. State Of Rajasthan through Chief Secretary, Government
Secretariat, Jaipur.
2. Principal Secretary, Revenue Department, Government of
Rajasthan, Secretariat, Jaipur.
3. Principal Secretary, Rural Development & Panchayati Raj
Department, Government of Rajasthan, Secretariat, Jaipur.
4. District Collector, Tonk.
5. Superintendent of Police, Tonk.
6. Sub Divisional Magistrate, Todaraisingh, Distt. Tonk.
7. Tehsildar, Todaraisingh, Distt. Tonk.
                                                                ----Respondents

For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) : Mr. Akshay Sharma, AGC with Mr. Sunil Kumar Sharma Mr. Vijay Singh Yadav

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

09/03/2021

The application No.1/2021 already stands disposed of in view

of the order dated 26.02.2021. On the oral request of the learned

counsels for the respective parties, the writ petition was heard for

admission at this stage.

This writ petition under Article 226 of the Constitution of

India has been filed seeking removal of encroachment from

(2 of 2) [CW-12037/2020]

pasture/abadi land as well as play ground in villages lying in Gram

Panchayat, Sanvaria, Panchayat Samiti, Todaraisingh, District

Tonk.

Learned counsel for the petitioner as well as learned counsel

for the respondents are in agreement that the controversy

involved in this writ petition is squarely covered by the judgment

of a Division Bench of this Court in case of Jagdish Prashad

Meena & Ors. Vs. State of Rajasthan & Ors. DB Civil Writ

Petition (PIL) No.10819/2018 vide order dated 30.01.2019

and prayed that the writ petition may be disposed of in accordance

thereof.

Learned counsel for the intervenor submitted that he may be

given an opportunity to raise his grievance before the Public Land

Protection Cell (PLPC) which may be directed to take into

consideration the same before any decision is taken qua the land

in question.

In view thereof, this writ petition is disposed of with a

direction to the petitioner to submit representation/complaint with

the PLPC, Tonk within a period of 7 days which shall be decided by

the PLPC within a period of three months thereafter by a speaking

order. The grievance raised by the intervenor shall also be taken

into consideration before taking any final decision on the

representation/complaint filed by the petitioners.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /17

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