Rajasthan High Court
The Gram Panchayat Pech Ki Bawadi vs State Of Rajasthan on 7 May, 2022
Bench: Manindra Mohan Shrivastava, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ (PIL) Petition No. 5793/2022
The Gram Panchayat Pech Ki Bawadi, Panchayat Samiti Hindoli,
District Bundi Through Its Sarpanch Smt. Seema Devi W/o. Babulal,
Resident Of Pech Ki Bawadi, Panchayat Samiti, Hindoli, District Bundi
(Raj.)
----Petitioner
Versus
1. State of Rajasthan, Through Its Principal Secretary, Panchayat
Raj And Rural Development Department, Government of
Rajasthan, Secretariat, Jaipur (Raj.)
2. District Collector, Bundi (Raj.).
3. The Sub Divisional Magistrate, Hindoli, District Bundi (Raj.)
4. The Tehsildar, Tehsil Hindoli, District Bundi (Raj.)
5. Dayaram Gurjar S/o. Shankar Lal, Resident Of Village Pech Ki
Bawadi, Tehsil Hindoli, District Bundi (Raj.)
6. Ranglal Gurjar S/o. Shankar Lal, Resident Of Village Pech Ki
Bawadi, Tehsil Hindoli, District Bundi (Raj.)
7. Ramlal Gurjar S/o. Shankar Lal, Resident Of Village Pech Ki
Bawadi, Tehsil Hindoli, District Bundi (Raj.)
8. Jamna Lal Gurjar S/o. Mangi Lal, Resident Of Village Pech Ki
Bawadi, Tehsil Hindoli, District Bundi (Raj.)
9. Devaram Gurjar S/o. Uddaram, Resident Of Village Pech Ki
Bawadi, Tehsil Hindoli, District Bundi (Raj.)
10. Narayan Gurjar S/o. Madhu, Resident Of Village Pech Ki
Bawadi, Tehsil Hindoli, District Bundi (Raj.)
----Respondents
For Petitioner(s) : Mr. Dhoop Singh Poonia, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
07/05/2022
Instant Public Interest Litigation petition has been filed with the
following prayer:-
(2 of 2) [CW-5793/2022]
"It is, therefore, most respectfully prayed that this
Public Interest Litigation may kindly be accepted and allowed
and the entire action of encroachment/trespass on Panchayat
Land (Public Land) as mentioned in Para No.4.1 of the petition
may kindly be declared illegal and unconstitutional in public
interest and further, the Panchayat Land/Public Land
measuring 15 Bigha 11 Biswa situated at Gram Panchayat
Pech Ki Bawadi, Tehsil Hindoli, District Bundi may kindly be
ordered to be freed from the respondents No.5 to 10 who are
trespasser/encroachers on the land.
Cost of the writ petition may kindly be awarded in
favour of the petitioner.
Any other order or direction as may be deemed just and
proper in the facts and circumstances of the case and in
favour of the humble petitioner be also passed."
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.
Counsel for the petitioner 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.
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.
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.
(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Mohita /10
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