Rajasthan High Court - Jodhpur
Gopal Nath Yogi vs State Of Rajasthan on 16 November, 2021
Bench: Vijay Bishnoi, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 17217/2018
Gopal Nath Yogi S/o Gulab Nath Yogi, Aged About 34 Years, R/o
Jogiya Basti, Loonkaransar District Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Ministry Of Rural
Development And Panchayati Raj Department,
Secretariat, Jaipur.
2. The District Collector, Bikaner.
3. The Sub-Divisional Officer, Tehsil - Loonkaransar Dist.
Bikaner.
4. The Development Officer, Panchayat Samiti Loonkaransar
District Bikaner.
5. The Gram Sewak, Gram Panchayat Loonkaransar, Tehsil
Loonkaransar District Bikaner.
6. The Gram Panchayat Loonkaransar, Through Sarpanch,
Tehsil Loonkaransar District Bikaner.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment / Order
16/11/2021
As per the office report, PF and notices of respondent No.6
have not been filed. It is noticed that as the respondent No.5 -
the Gram Sewak, Gram Panchayat Loonkaransar has already been
served, therefore, the respondent No.6 - the Gram Panchayat,
Loonkaransar may also be treated as served. Service is, therefore,
complete.
(2 of 3) [CW-17217/2018]
This writ petition is filed by the petitioner raising grievance
that some of the persons are encroaching over ward Nos.14 & 18
of village Loonkaransar, which is an old mine. Learned counsel for
the petitioner has submitted that earlier, the Gram Panchayat
concerned has issued pattas in favour of some persons in the year
2014, however later on, the Gram Sabha of Gram Panchayat,
Loonkaransar in its meeting dated 05.11.2014 has cancelled all
the pattas issued in the mining areas and in respect of the same,
an order has also been passed on 14.11.2014 by the Gram
Panchayat, Loonkaransar.
The grievance of the petitioner is that now again the same
persons, whose pattas have been cancelled by the Gram
Panchayat, Loonkaransar are encroaching over the said land of
ward Nos.14 & 18 of village Loonkaransar. It is submitted that
various representations have been filed by the petitioner before
the authorities concerned, however, no action has been taken to
stop or removing the encroachments from the above area.
Having heard learned counsel for the petitioner and after
going through the material available on record, this writ petition is
disposed of while granting liberty to the petitioner to approach the
District Collector, Bikaner by way of filing representation raising
his grievances regarding the encroachments made over the land of
ward Nos.14 & 18 of village Loonkaransar within a period of one
month from today.
In the event, if any such representation is made by the
petitioner, the District Collector, Bikaner shall consider the same
and issue necessary orders, if so required, after providing
opportunity of hearing to the alleged encroachers/parties
(3 of 3) [CW-17217/2018]
concerned and the petitioner within a period of three months
thereafter.
(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J
11-mohit/-
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