Rajasthan High Court
Mohan S/O Shri Ghamandi vs The State Of Rajasthan on 18 January, 2022
Bench: Akil Kureshi, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 851/2022
Mohan S/o Shri Ghamandi, Aged About 63 Years, R/o 45, Village
Paprera, Tehsil Kumher, District Bharatpur (Rajasthan)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Chief Secretary,
Public Works Department, Government Of Rajasthan,
Jaipur (Raj.).
2. District Collector, District Bharatpur (Raj.).
3. The District Collector, Bharatpur-President, Public Land
Protection Cell (Plpc), District Bharatpur (Raj.).
4. Sub Divisional Officer Kumher, District Bharatpur (Raj.).
5. Tehsildar, Tehsil Kumher, District Bharatpur (Raj.).
6. Superintending Engineer, Jaipur Vidyut Vitran Nigam
Limited, Bharatpur (Raj.).
7. Sarpanch, Gram Panchayat Paprera, Tehsil Kumher,
District Bharatpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Jagmohan Bhardwaj on behalf of
Mr. Mukesh Pal Jadoun, through VC
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
18/01/2022
Counsel for the petitioner has invoked provisions of Article
226 of the Constitution and filed one Public Interest Litigation. His
submission is that political and financially influential residents of
Village Paprera, Tehsil Kumher, District Bharatpur have raised
certain constructions and encroached over the 'Gair Mumkin
Rasta'. Because of the said reason, the life of the residents and
(2 of 3) [CW-851/2022]
public at large has become difficult. Counsel for the petitioner has
drawn our attention to a co-ordinate Bench decision of this Court
in the case of Jagdish Prasad Meena and Ors. Vs. State of
Rajasthan and others : DBCWP No. 10819/2018 dated
30/01/2019, wherein it has been observed as under:-
"The PLPC aforementioned shall also keep in view the
guidelines issued by the Supreme Court in Jagpal Singh &
Others Vs. State of Punjab & Others, (2011) 11 SCC 396
wherein all the State Governments of the country were
directed that they should prepare schemes for eviction of
illegal/unauthorised occupants of the Gram Sabha/Gram
Panchayat/Poramboke/ Shamlat land and the same must be
restored to the Gram Sabha/Gram Panchayat for the common
use of villagers of the village. The said scheme should provide
for the speedy eviction of such illegal occupants, after giving
them a show cause notice and a brief hearing. It was further
held therein that long duration of the illegal
encroachment/occupation of land or huge expenditure in
making construction thereon or political connections of
trespassers are no justification for regularising such illegal
occupation. Regularisation should be permitted only in
exceptional cases where lease has been granted under some
government notification e.g. to landless labourers or
members of Scheduled Castes/Scheduled Tribes or where
there is already a school, hospital, dispensary, 'shamshan',
'kabristan' or other public utility of the like nature on the
land."
Counsel for the petitioner further submits that
respondent No.7-Sarpanch, Gram Panchayat, Paprera, Tehsil
Kumher Distt. Bharatpur has initiated the construction work of
some roads in the village but the said roads cannot be built on the
disputed area wherein encroachments are constructed or planned
to be constructed.
In the light of above submissions and in the light of
coordinate bench judgment delivered in Jagidsh Prasad (supra),
we direct that respondent No.2 will consider the representation of
the petitioner within a period of six months from the date of
(3 of 3) [CW-851/2022]
receipt of the copy of this order and consider the matter on its
own facts and in accordance with law and thereafter pass a
reasoned and speaking order.
In the light of the above the Public Interest Petition is
disposed of.
(SAMEER JAIN),J (AKIL KURESHI),CJ
BRIJ MOHAN GANDHI / 8
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