Suresh Kumar Mahala S/O Shri ... vs The State Of Rajasthan Through The ...
2022 Latest Caselaw 1370 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  D.B. Civil Writ Petition No. 21230/2018

Suresh Kumar Mahala S/o Shri Hanuta Ram Mahala, Aged About
37 Years, Resident Of Ward No. 1, Bada Balaji Mandir Ke Pass,
Shrimadhopur, District-Sikar (Raj.)
                                                                      ----Petitioner
                                      Versus
1.      The State Of Rajasthan Through The Principal Secretary,
        Local Self Department, Secretariat, Jaipur (Raj.)
2.      The Director, Local Self Department, Near Corporate
        Office, 22 Godam, Jaipur (Raj.)
3.      The District Collector, Sikar (Raj.).
4.      Municipal      Board,      Shrimadhopur,           District   Sikar   (Raj.)
        Through Its Executive Officer.
                                                                   ----Respondents

For Petitioner(s) : Mr. Prahlad Sharma through VC For Respondent(s) : Mr. Anil Mehta, AAG through VC

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

08/02/2022

By way of this public interest litigation the allegation has

been levelled regarding illegal encroachment over the public way

bearing Khasra Nos.487, 488, 489, 1002, 1003, 1004, 1005,

1010, 1021, 1044 situated at revenue village Shrimadhopur,

District Sikar.

Counsel for petitioner submits that several complaints/

representations have been made before the concerned Revenue

Authorities including the District Collector for seeking removal of

encroachment over the lands of public utility but the concerned

(2 of 3) [CW-21230/2018]

authorities have not taken into consideration the grievances of

petitioner and neither his complaint/ representation has been

decided nor encroachments have been removed. Hence, the

petitioner is constrained to approach this Court against the

inaction of respondents-authorities.

The issue with regard to removal of encroachment over the

pasture land/ land of johad, talab/ river/ river bed/ public way/

Shamshan/ Kabristan etc. it means all type of public utility lands

was considered by the Co-ordinate Bench of this Court in case of

Jagdish Prasad Meena and Others Vs. State of Rajasthan

and Others : DBCWP No.10819/2018 dated 30/01/2019.

This Court directed the State Government to constitute Public

Land Protection Cell (for short, "PLPC") to deal with the issues

with regard to such encroachments and in pursuance thereof,

special designated PLPC has been constituted in the rural areas

headed by concerned District Collector. It is incumbent for the

PLPC to inquire and examine such complaints/ representations

made with allegations of encroachment over the public utility

lands by deputing concerned Sub Divisional Officer/ Tehsildar/

Naib Tehsildar so as to verify whether or not such encroachments

have actually taken place on such lands. If the allegations of

encroachment are found to be sustained, the PLPC may take

appropriate steps in accordance with law for removal of

encroachments and appropriate panel action be also taken against

the trespassers. It was further observed that the complaints/

representations received in the PLPC, should be decided by

passing a speaking order with due information to the respective

complainant/ representationist about the action taken. Thus, in

the opinion of this Court, it is for the PLPC to consider the issue

(3 of 3) [CW-21230/2018]

and if any, encroachment as alleged by petitioner over the public

utility lands is found, appropriate action/ steps be taken in that

regard.

In that view of matter, we are not inclined to deal with the

issue of encroachment as raised by petitioner in the present public

interest litigation and the writ petition is disposed of with liberty to

petitioner to file a comprehensive representation before the

concerned PLPC within a period of four weeks. The PLPC is

directed to examine and inquire the allegations made in the

representations on merits and to pass a speaking order including

to take appropriate steps for removal of encroachment, if any,

within a period of four months from the date of receipt of the

representation and further to inform about its action/order to the

representationist. All pending applications stand disposed of.

                                   (SUDESH BANSAL),J                                                (AKIL KURESHI),CJ

                                   KAMLESH KUMAR /51









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