Dayaram Gurjar S/O Vishram Gurjar vs State Of Rajasthan
2022 Latest Caselaw 5990 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

             D.B. Civil Writ (PIL) Petition No. 12554/2022

   1.    Dayaram Gurjar S/o Vishram Gurjar, Aged About 29
         Years, R/o Dhaun, Post Khatumbar, Tehsil Lalsot, District
         Dausa.
   2.    Banwari Lal Gurjar S/o Laxman Gurjar, Aged About 35
         Years, R/o Dhaun, Post Khatumbar, Tehsil Lalsot, District
         Dausa.
                                                                    ----Petitioners
                                     Versus
   1.    State Of Rajasthan, Through Its Principal Secretary,
         Department Of Revenue, Govt. Of Rajasthan, Secretariat,
         Jaipur
   2.    District Collector, Dausa.
   3.    Sub-Divisional Officer, Lalsot, District Dausa
   4.    Tehsildar, Lalsot, District Dausa
   5.    Mohar Singh S/o Ramgopal, R/o Lalsot, District Dausa
   6.    Surgyan Gurnar S/o Ramgopal, R/o Lalsot, District Dausa
   7.    Pappu Gurjar S/o Ramgopal, R/o Lalsot, District Dausa
   8.    Hargyan Gurjar S/o Bholyaram, R/o Lalsot, District Dausa
   9.    Dharasingh S/o Bholyaram, R/o Lalsot, District Dausa
   10.   Man Singh S/o Bholyaram, R/o Lalsot, District Dausa
   11.   Kailash S/o Sugna, R/o Lalsot, District Dausa
   12.   Ramkesh S/o Ramkaran, R/o Lalsot, District Dausa
   13.   Ramhet S/o Devkaran Gurjar, R/o Lalsot, District Dausa
   14.   Rameshwar S/o Harsahai, R/o Lalsot, District Dausa
                                                                  ----Respondents

For Petitioner(s) : Mr. Mohar Pal Meena, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment

29/08/2022

(2 of 3) [CW-12554/2022]

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 further be pleased to:-

i) Issue a writ order or direction in the nature thereof thereby, the respondents may kingly be directed to remove the encroachment from the Gair Mumkin Pahad, Talab and forest land bearing Khasra No.191/131 & 193/161 situated in Village Dhaun, Tehsil Lalsot, District Dausa and take effective action against the land grabbers who encroached upon the land of Pahad, Talab and Gair Mumkin Forest Land by cultivating crops.

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 petitioners."

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 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.

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 petitioners

are at liberty to make a representation before PLPC and the

respondents are directed to decide the same within a period of

two months.

(3 of 3) [CW-12554/2022]

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

Mohita /27

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