Rajasthan High Court
Bhanwar Singh S/O Late Sh. Anji ... vs The State Of Rajasthan on 25 November, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ (PIL) Petition No. 17468/2022
1. Bhanwar Singh S/o Late Sh. Anji Singh, Aged About 62
Years, Resident Of Ward No. 11, Village Ladunda, Tehsil
Surajgarh, District Jhunjhunu.
2. Mahender Singh S/o Late Sh. Bhan Singh, Aged About 52
Years, Resident Of Village Ladunda, Tehsil Surajgarh,
District Jhunjhunu.
3. Vikram Singh S/o Sh. Prabhu Singh, Aged About 32
Years, Resident Of Village Ladunda, Tehsil Surajgarh,
District Jhunjhunu.
----Petitioners
Versus
1. The State Of Rajasthan, Through District Collector
Jhunjhunu, District Jhunjhunu.
2. The Tehsildar, Tehsil Surajgarh, District Jhunjhunu.
3. Banne Singh S/o Surjan Singh, Resident Of Village
Ladunda, Tehsil Surajgarh, District Jhunjhunu.
4. Harnath Singh S/o Surjan Singh, Resident Of Village
Ladunda, Tehsil Surajgarh, District Jhunjhunu.
5. Dharampal Singh S/o Karan Singh, Resident Of Village
Ladunda, Tehsil Surajgarh, District Jhunjhunu.
6. Bajrang Singh S/o Bhanwar Singh, Resident Of Village
Ladunda, Tehsil Surajgarh, District Jhunjhunu.
7. Jitendra Singh S/o Ramchandra Singh, Resident Of Village
Ladunda, Tehsil Surajgarh, District Jhunjhunu.
8. Hajari Singh S/o Ratan Singh, Resident Of Village
Ladunda, Tehsil Surajgarh, District Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. Tapeshwar Pal Singh Parmar,
Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
(2 of 3) [CW-17468/2022]
25/11/2022
Instant Public Interest Litigation petition has been filed with
the following prayer:-
"It is, therefore, most respectfully prayed that your
lordships may graciously be pleased to accept and
allow this petition and call for the entire record of
the case and further pleased to by an appropriate
writ, order or direction:-
a) By an appropriate writ, order or direction, the
respondent no.1 to 2 may kindly be directed to take
legal action against the respondent no.3 to 8
regarding encroachment at Govt. Land "Gair Mumkin
Johad" in khasra no. 395 at village Ladunda, Tehsil
Surajgarh, District Jhunjhunu and further the
direction may be issued to respondents to remove
encroachment over the said govt. land.
b) Cost of the writ petition be also awarded 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.
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.
In that view of the matter, the writ petition stands disposed
off, in view of the directions issued by the Division Bench in the
(3 of 3) [CW-17468/2022]
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.
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).
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.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /32
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