Rajasthan High Court
Giriraj Prasad Meena S/O Birda Ram ... vs State Of Rajasthan on 17 August, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil (PIL) Writ Petition No. 11231/2022
1. Giriraj Prasad Meena S/o Birda Ram Meena, Aged About
57 Years, Residing At Ajayrajpura @ Dehlala Tehsil
Kothkhawada District Jaipur Rajasthan 303908. Mobile
Number-9929382153.
2. Sitaram Jangid S/o Laxminarayan Jangid, Aged About 48
Years, Residing At Ajayrajpura @ Dehlala Tehsil
Kothkhawada District Jaipur Rajasthan 303908. Mobile
Number-9636982675.
3. Nathu S/o Laxminarayan Jangid, Aged About 59 Years,
Residing At Ajayrajpura @ Dehlala Tehsil Kothkhawada
District Jaipur Rajasthan 303908. Mobile Number-
8058354797.
4. Jitender Jangid S/o Harsahay Jangid, Aged About 32
Years, Residing At Ward No. 7 Ajayrajpura @ Dehlala
Tehsil Kothkhawada District Jaipur Rajasthan 303908.
Mobile Number-8955196351.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Govt.
Secretariat, Jaipur.
2. Divisional Commissioner, Jaipur, Division Jaipur,
Rajasthan.
3. Tehsildar, Kotkhawada District Jaipur, Rajasthan.
4. Deputy Commissioner Of Police South, Commissionerate
Government Hostel Jaipur Rajasthan.
5. Sub Divisional Magistrate, Chaksu, District Jaipur
Rajasthan.
6. Ramphool Meena S/o Lachu Ram Meena, Aged About 50
Years, R/o Heerapura Luniyawas Tehsil Sanganer, District
Jaipur Rajasthan.
7. Shiv Kumar S/o Sitaram, Aged About 45 Years, Resident
Of Baba Narsingh Colony Ghat Ki Guni Agra Road, Jaipur.
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----Respondents
For Petitioner(s) : Mr. Prabhansh Sharma Advocate.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
17/08/2022
Instant Public Interest Litigation petition has been filed with
the following prayer:-
"It is therefore, most respectfully prayed that this
Hon'ble Court may very graciously be pleased to
accept and allow this PIL (writ petition) and
i) Issue a writ, order or direction in the nature
thereof thereby direct the respondents to remove
the illegal encroachment made by the encroachers
upon the land bearing khasra no.713, 714 and 717,
situated in Village Dehlalla Tehsil Kotkhawada
District Jaipur for encroachment over the said
Khasra.
ii) Any other order which this Hon'ble Court deemed
just and proper in the facts and circumstances of the
case may also be passed in favour of the Petitioner."
A Division Bench of this Court in the matter of 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 petitioner submitted that he may be
permitted to submit a representation before the PLPC and
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respondents be directed to dispose of the same within a period of
two months.
In that view of the matter, the writ petition stands disposed
off, in view of the directions issued by the Division Bench in the
matter of Jagdish Prashad Meena (supra) and the petitioner is
at liberty to make a representation before PLPC and the
respondents are directed to decide the same within a period of
two months.
Considering that this petition has been disposed off at the
motion stage without issuing notice to the respondents, it is made
clear that this Court has not commented upon the merits of the
case, but only directed inquiry on the complaint as per the order
passed in the case of Jagdish Prashad Meena (supra).
It is further directed that in the inquiry for removal of the
encroachment, the persons, who are alleged to be encroachers,
shall be afforded an opportunity of hearing.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Sanjay Kumawat-8
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