Jayanti Lal Jain vs State Of Rajasthan
2022 Latest Caselaw 350 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17904/2021

Jayanti Lal Jain S/o Shri Jhuhar Mal Jain, Aged About 48 Years, R/o Village Bhainswara, Tehsil Ahore, District Jalore (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Revenue Department, Government Of Rajasthan, Jaipur.

2. Sub Divisional Officer (S.D.O.), SDO Office- Ahore, Distt.

Jalore (Rajasthan).

3. Tehsildar, Tehsil-Ahore, District Jalore.

4. Temaram S/o Hemaram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

5. Hemaram S/o Jasaram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

6. Temaram S/o Jasaram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

7. Peeraram S/o Devaram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

8. Pani W/o Jogaram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

9. Bhamra Ram S/o Jogara, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

10. Pitha Ram S/o Devaram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

11. Aata Ram S/o Heerka Ram, By Caste Bheel, R/o Village Chhiparwara, Tehsil Ahore, District Jalore (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Devkinandan Vyas through V.C.

JUSTICE DINESH MEHTA

Order

06/01/2022

1. Mr. Vyas, learned counsel for the petitioner submits that the

private respondents have encroached upon the public way and in

this regard, a notice dated 31.07.2017 under section 91 of the

Rajasthan Land Revenue Act, 1956 has been issued to them and

(2 of 2) [CW-17904/2021]

the appeal against the same has also been dismissed by the

District Collector, Jalore, vide judgment dated 09.07.2020, yet

their encroachments have not been removed by the concerned

authority.

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 other relevant documents,

within a period of two weeks from today.

4. In case, representation is so addressed, the PLPC shall

consider the same and do the needful, as early as possible,

preferably within a period of eight weeks from receipt of the

complaint/representation.

4. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J

23-Ramesh/-

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