Parvez Raza S/O Shri Ali Raza vs District Collector
2021 Latest Caselaw 5573 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 5762/2021

1.         Parvez Raza S/o Shri Ali Raza, Aged About 45 Years, R/o
           Raza Manzil, Panch Batti Bawri, Tonk (Raj.)
2.         Maqsood Ali Khan S/o Lt. Shri Tausif Ali Khan, Aged About
           40 Years, R/o Sambal House, Sher Ali Khan Ki Gali, Bada
           Kuwa, Tonk (Raj.)
                                                                       ----Petitioners
                                        Versus
1.         District Collector, Tonk.
2.         Tehsildaar, Tehsil And District Tonk.
3.         Commissioner, Nagar Parishad, Tonk.
                                                                     ----Respondents

For Petitioner(s) : Ms. Madhumita Das, assisted by Mr. Kashif Khan For Respondent(s) :

JUSTICE DINESH MEHTA

Order

04/10/2021

1. This writ petition has been filed by the petitioners with the

following prayer:-

"1. By issuance of writ of mandamus, direct the respondents to demarcate and construct the boundaries of gairmumkin bodies.

2. By issuance of certiorari, direct the respondents to remove the encroachment/trespassing on the gairmumkin areas and ensure the free flow of the rainwater.

3. Any other appropriate writ, order or direction, which the Hon'ble Court may deem just and proper in

(2 of 2) [CW-5762/2021]

the facts and circumstances of the case may kindly be passed in favour of the petitioner."

2. A Division Bench of this Court in Jagdish Prashad Meena &

Ors. Vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition

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

directed creation of Public Land Protection Cell (PLPC) for rural

areas in every district. Counsel for the petitioners submitted that

he may be permitted to submit a representation before the PLPC

and respondents be directed to dispose of the same within a

period of two months.

3. Accordingly, the writ petition stands disposed of in view of

the directions issued by the Division Bench of this Court in

Jagdish Prashad Meena (supra) while giving liberty to the

petitioners to file a representation before PLPC, along with

certified copy of the order instant and photocopy of the judgment

aforesaid, within a period of two weeks from today.

4. In case, representation is so addressed, the competent

authority of the respondents shall consider the same and do the

needful, as early as possible, preferably within a period of eight

weeks from receipt thereof.

4. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

RAHUL-269

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