Tekaram Gurjar S/O Shri Ramniwas vs State Of Rajasthan
2022 Latest Caselaw 7009 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               D.B. Civil Writ Petition No. 16256/2022

1.    Tekaram Gurjar S/o Shri Ramniwas, Aged About 48 Years,
      R/o Village And Post Chandera, Tehsil Baswa, District
      Dausa
2.    Harinarayan S/o Shri Bharta Ram, R/o Village And Post
      Chandera, Tehsil Baswa, District Dausa
3.    Laxman Gurjar S/o Shri Ramsahai Gurjar, R/o Village And
      Post Chandera, Tehsil Baswa, District Dausa
                                                                    ----Petitioners
                                   Versus
1.    State Of Rajasthan, Through Its Principal Secretary,
      Department Of Revenue, Govt. Of Rajasthan, Secretariat,
      Jaipur
2.    District Collector, Dausa.
3.    Sub-Divisional Officer, Baswa, District Dausa
4.    Tehsildar, Baswa, District Dausa
5.    District Forest Officer, Dausa
6.    Shrinarayan S/o Bhagwan Sahai Gurjar, R/o Village And
      Post Chandera, Tehsil Baswa, District Dausa
7.    Prabhu Dayal S/o Bhagwan Sahai, R/o Village And Post
      Chandera, Tehsil Baswa, District Dausa
8.    Rang Lal S/o Bhagwan Sahai, R/o Village And Post
      Chandera, Tehsil Baswa, District Dausa
9.    Sumer S/o Shrinarayan, R/o Village And Post Chandera,
      Tehsil Baswa, District Dausa
10.   Hansraj S/o Shrinarayan, R/o Village And Post Chandera,
      Tehsil Baswa, District Dausa
11.   Rajendra      S/o      Prabhudayal,          R/o      Village       And   Post
      Chandera, Tehsil Baswa, District Dausa
12.   Manbhawan        S/o     Prabhudayal,          R/o        Village   And   Post
      Chandera, Tehsil Baswa, District Dausa
13.   Mahendra Singh S/o Prabhudayal, R/o Village And Post
      Chandera, Tehsil Baswa, District Dausa
14.   Bahadur Singh S/o Prabhudayal, R/o Village And Post
      Chandera, Tehsil Baswa, District Dausa


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15.     Vishram S/o Ranglal, R/o Village And Post Chandera,
        Tehsil Baswa, District Dausa
16.     Nawal S/o Shri Ranglal, R/o Village And Post Chandera,
        Tehsil Baswa, District Dausa
                                                                ----Respondents

For Petitioner(s) : Mr. Mohar Pal Meena, Adv.

For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

04/11/2022

1. Instant Public Interest Litigation petition has been filed with

the following prayers:-

"i) Issue a writ, order or direction in the nature thereof thereby, the respondents may kindly be directed to remove the encroachment from the Pasture land bearing Khasra No.158 and forest land bearing Khasra No.111, 117 & 118 forest land and also way of Shamshan situated in Village Chandera, Tehsil Baswa District Dausa and take effective action against the land grabbers who encroached upon the Pasture and Forest land and Shamshan way by cultivating crops.

ii) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners."

2. 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.

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                                   3.     The     petitioners     probably        have        not       approached    the

authorities. They may approach the concerned authority and in

case, any representation is filed, the same shall be got considered

in the light of the order passed in the case of Jagdish Prashad

Meena (supra).

4. 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 petitioners

are at liberty to make a representation before PLPC and the

respondents are directed to decide the same within a period of

two months.

5. Considering that this petition has been disposed off at the

motion stage without issuing notice to the respondents, it is made

clear that this Court has not commented upon the merits of the

case, but only directed inquiry on the complaint as per the order

passed in the case of Jagdish Prashad Meena (supra).

6. It is further directed that in the inquiry for removal of the

encroachment, the persons, who are alleged to be encroachers,

shall be afforded an opportunity of hearing.

                                    (SAMEER JAIN),J                                                   (PANKAJ MITHAL),CJ

                                   N. Gandhi/Arun/20









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