Govind Singh Rathore vs State Of Rajasthan
2022 Latest Caselaw 9315 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 6899/2022

1. Govind Singh Rathore S/o Bhanwar Singh Rathore, Aged About 57 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.

2. Monan Singh Rathore S/o Ram Singh Rathore, Aged About 68 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.

3. Kishan Singh S/o Bhanwar Singh Rathore, Aged About 61 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.

4. Hari Singh Rathore S/o Banne Singh Rathore, Aged About 73 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.

5. Bahadur Singh Rathore S/o Dalel Singh Rathore, Aged About 72 Years, Village Pyawa, Tehsil Didwana, Distt. Nagour.

----Petitioners Versus

1. State Of Rajasthan, Through The Divisional Commissioner, Ajmer.

2. The District Collector, Nagour.

3. The Sarpanch Gram Panchayat Pyawa, Panchayat Samiti Didwana, Distt. Nagaur.

4. The Chief Executive Officer, Zila Parishad, Nagour.

5. The Vikas Adhikari, Panchayat Samiti, Didwana, Distt.

Nagour.

6. The Gram Vikas Adhikari, Pyawa, Panchayat Samiti Didwana, Nagour.

7. Rajuram Swami S/o Dhuji Das @ Ram Das, Village Pyawa, Didwana, Distt. Nagour.

8. Shiva S/o Dhuji Das @ Ram Das, Village Pyawa, Didwana, Distt. Nagour.

                                                                 ----Respondents



                                            (2 of 4)                    [CW-6899/2022]



For Petitioner(s)          :     Mr. Vinay Jain
                                 Mr. Govind Singh Rathore
                                 Mr. Darshan Jain

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/07/2022

This writ petition is filed by the petitioners with a

prayer to direct the respondent-authorities to implement

the order dated 22.8.2019 passed by the Gram

Panchayat, Singrawat Kalan, Panchayat Samiti

Deedwana, Distt. Nagaur and to remove the

encroachments, which have been made by the

respondent Nos.7 and 8 and their family members on the

public land.

As per the claim of the petitioners, the respondent

Nos.7 and 8 have made encroachments over the public

land situated in village Pyawa near their property.

It appears that the petitioners have filed a complaint

with the Gram Pancyayat concerned, which took decision

on 22.8.2019 of issuing notices to the respondent Nos.7

and 8 to remove the encroachments.

The grievance of the petitioners is to the effect that

though the Gram Panchayat concerned has taken a

decision to remove the encroachments made by the

(3 of 4) [CW-6899/2022]

respondent Nos.7 and 8 on the public land but the same

have not been removed till date.

Having heard learned counsel for the parties and

after going through the material available on record, I am

of the opinion that when complete procedure is provided

under the relevant applicable law to deal with the

encroachment over the public land, no writ under Article

226 of the Constitution of India is required to be issued.

As per Section 50 of the Rajasthan Panchayati Raj

Act, 1994 (for short 'the Act of 1994'), every Gram

Panchayat is required to perform certain functions and

are having powers to take action. The functions and

powers of the Gram Panchayat are specified in Schedule

First of the Act of 1994. In the general functions, the

Gram Panchayat is empowered to remove all the

encroachments made on the public properties. A

complete mechanism for removing all encroachments and

ejectment of the trespassers have been given in Rule 165

of the Rajasthan Panchayati Rules, 1996. The Gram

Panchayat is expected to follow the said procedure for the

purpose of removal of encroachments over the public

land.

Since a complete mechanism is provided under the

Rajasthan Panchayat Raj Act and the Rules made

(4 of 4) [CW-6899/2022]

thereunder to remove encroachments over public lands, I

am not inclined to grant reliefs to the petitioners as

prayed for in this writ petition while exercising powers

under Article 226 of the Constitution of India.

In view of the above discussion, this writ petition

being bereft of force is hereby dismissed.

Stay petition is also dismissed.

(VIJAY BISHNOI),J

75 - ms rathore

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