Ajay Meena S/O Murari Meena vs Government Of Rajasthan
2021 Latest Caselaw 5554 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         D. B. Civil Writ (PIL) Petition No. 11292/2021

Ajay Meena S/o Murari Meena, age about 33 years, R/o Village
Khandeep, Tehsil Wazirpur, District Sawai Madhopur, Rajasthan.
(Aadhar No. 5576 4606 7392) (PAN No. CTKPM1807L) Mob. No.
9694166558
                                                                    ----Petitioner
                                  Versus
1.    Government       of    Rajasthan,         through         Chief   Secretary,
      Secretariat, Janpath, Jaipur, Rajasthan.
2.    Principal Secretary, Department of Home, Government
      Secretariat, Janpath, Jaipur, Rajasthan.
3.    Principal Secretary, Department of Revenue, Government
      Secretariat, Janpath, Jaipur, Rajasthan.
4.    District Collector, District Sawai Madhopur, Rajasthan.
5.    Sub- Divisional Magistrate, Wajirpur, Tehsil Wajirpur,
      District Sawai Madhopur, Rajasthan.
6.    Tehsildar,   Tehsil     Wajirpur,        District        Sawai    Madhopur,
      Rajasthan.
7.    Superintendent        of    Police,      District        Sawai    Madhopur,
      Rajasthan.
8.    Station House Officer (SHO), Police Station Wajirpur,
      District Sawai Madhopur, Rajasthan.
9.    Samay Singh Meena S/o Shri Nathuwa Meena,
10.   Dhara Singh Meena S/o Shri Nathuwa Meena,
11.   Batti Lal Prajapat S/o Shri Gokul Prajapat,
12.   Rambharosi Prajapat S/o Shri Gokul Prajapat,
13.   Krodi Meena S/o Shri Narayan Meena,
14.   Ram Singh Meena S/o Shri Krodi Meena,
15.   Smt. Kamla Meena W/o Late Shri Hari Singh Meena,
16.   Ramhet Meena S/o Shri Harji Meena,
17.   Ramwaroop Saini S/o Shri Chothi Saini,
18.   Badri Saini S/o Shri Chothi Saini,
19.   Sukki Saini S/o Shri Chothi Saini,
20.   Munim Saini S/o Shri Chothi Saini,


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        Respondent No. 9 to 20 are resident of Village Khandeep,

Tehsil Wazirpur, District Sawai Madhopur, Rajasthan.

----Respondents

For Petitioner : Mr. Tushar Panwar Advocate on behalf of Mr. Manvendra Singh Advocate.

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

04/10/2021 Petitioner has filed this public interest litigation in

connection with illegal encroachment and obstruction over

charagah land bearing Khasra No. 3491 and 3571 situated at

Village Khandeep, Tehsil Wazirpur, District Sawai Madhopur.

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

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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 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

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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, 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. 4 by filing a detailed representation

along with copy of this order and the grievances of the petitioner

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 /53









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