Rajasthan High Court
Mahendra Singh S/O Yadram vs State Of Rajasthan on 4 July, 2022
Bench: Manindra Mohan Shrivastava, Shubha Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ (PIL) Petition No. 9257/2022
Mahendra Singh S/o Yadram, Aged About 42 Years, R/o Village
Beelaheri, Tehsil Kotkasim, District Alwar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Revenue Secretary,
Secretariat, Jaipur.
2. The District Collector, Alwar.
3. The Sub-Divisional Officer, Kotkasim, Alwar.
4. The Tehsildar, Kotkasim, Alwar.
----Respondents
For Petitioner(s) : Mr. Gajender Singh Rathore, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MRS. JUSTICE SHUBHA MEHTA
Judgment / Order
04/07/2022
Instant Public Interest Litigation petition has been filed with the
following prayer:-
"It is, therefore, most respectfully submitted that your
lordships may be gracious enough to kindly allow this Public
Interest Litigation, and-
(i) To kindly issue a writ, order or direction in the nature
thereof and thereby direct the respondents to take action in
regarding the protection of the land bearing Kh. No. 1509/302
measuring 1.6600 situated at village Beelaheri, Tehsil
Kotkasim, District Alwar belongs to Gair Mumkeen School.
(ii) To kindly issue a writ, order or directions in the nature
thereof and thereby direct the respondents to take action to
remove the encroachment from the land bearing Kh. No.
1509/302 measuring 1.6600 situated at village Beelaheri,
Tehsil Kotkasim, District Alwar belongs to Gair Mumkeen
School.
(2 of 2) [CW-9257/2022]
(iii) Any other appropriate writ, order or direction which is
deemed just and proper by this Hon'ble court may also be
passed in favour of the petitioner.
(iv) Costs of the writ petition may also be allowed in favour
of the petitioner."
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.
Learned counsel for the petitioner submitted that he may be
permitted to submit a representation before the PLPC and respondents
be directed to dispose off 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 petitioner is at liberty to
make a representation before PLPC and the respondents are directed to
decide the same within a period of two months.
Considering that this petition has been disposed off at the motion
stage without issuing notice to the respondents including private
respondents, it is made clear that this Court has not commented upon
the merits of the case but only directed inquiry on the complaints as per
the order passed in the case of Jagdish Prashad Meena (supra).
It is further directed that in the inquiry for removal of
encroachment, the persons, who are alleged to be encroachers, shall be
afforded an opportunity of hearing.
(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /22
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