Rajendra Kumar Nagori vs State Of Rajasthan
2022 Latest Caselaw 745 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 761/2022

1. Rajendra Kumar Nagori S/o Shri Roshan Lalji, Aged About 54 Years, Resident Of Nai Abadi, Mandalgarh, District Bhilwara (Raj.).

2. Smt. Sunita Devi W/o Shri Rajendra Kumar Nagori, Aged About 52 Years, Resident Of Nai Abadi, Mandalgarh, District Bhilwara (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Secretariat, Jaipur, Rajasthan.

2. The Director, Local Self Department, Jaipur, Rajasthan.

3. Municipal Board, Mandalgarh, District Bhilwara Through Its Executive Officer.

4. National Highways Authority Of India, Project Implementation Unit (Piu), Chittorgarh (Site Office Bhilwara Through Its Project Director, Ministry Of Road, Transport And Highways, A-8, Subhash Nagar, Behind Uit Office, Bhilwara 311001 (Raj.).

5. The District Collector, Bhilwara.

6. Sub Division Officer, Mandalgarh, District Bhilwara.

7. Prem Devi W/o Shri Pyar Chand Regar, Resident Of Bhilwara At Present Mandalgarh.

8. Krishan Gopal S/o Shri Udai Lal, By Caste Teli, Resident Of Purani Abadi, Mandalgarh, District Bhilwara.

9. Pyara @ Pyarchand S/o Shri Raju Regar, Resident Of Thal Khurd, C/o Shri Bhanwarlal Tripathi, Nai Abadi, Mandalgarh, Tehsil Mandalgarh, District Bhilwara.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Manoj Bhandari (through VC)
For Respondent(s)          :



                      JUSTICE DINESH MEHTA

                                      Order



                                                (2 of 3)                   [CW-761/2022]

14/01/2022

1.    Laying    challenge        to     the      construction        raised   by    the

respondent Nos.7 to 9, it is asserted that respondent Nos.7 to 9

are raising construction, without getting the land converted for

such purpose and the land falls within the area of no construction.

2. This writ petition has been filed by the petitioners with the

following prayer:-

"i. By an appropriate writ, order or direction, the private respondents i.e. respondents Nos.7 to 9 be restrained to raise any construction over the said land in question in Araji No.1185/1, 1184/1 and 1183/1 respectively and pass appropriate orders for demolition of illegal construction raised over the public land. ii. By an appropriate writ, order or direction, the respondent National Highway Authorities of India and municipality be directed to immediately stop the construction over the land in question, which is lying within the vicinity of 100 Ft from the National Highway No.758 and pass appropriate orders of demolition of the constructions already raised upon the land in question.

(iii) By an appropriate writ, order or direction, the respondents be directed not to permit any construction over the said land in question by the respondent Nos.7 to 9 without prior change of use of land in any case whatsoever.

(iv) Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

(v) Costs of the writ petition may kindly be awarded to the petitioners.

4. A Division Bench of this Court in Jagdish Prashad Meena &

Ors. Vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition

(3 of 3) [CW-761/2022]

(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.

5. 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 concerned PLPC, along

with certified copy of the order instant and photocopy of the

judgment aforesaid, within a period of two weeks from today.

6. In case, representation is so addressed, the competent

authority of the respondents and PLPC shall consider the same

and do the needful, as early as possible, preferably within a period

of eight weeks from receipt thereof.

7. Stay petition also stands disposed of accordingly.

(DINESH MEHTA),J 112-Taruna/-

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