Rajasthan High Court
Shri Narayan Gurjar Son Of Shri ... vs The State Of Rajasthan on 30 September, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition (PIL) No. 13453/2022
1. Shri Narayan Gurjar Son Of Shri Bhagwan Gurjar, Aged
About 65 Years, Resident Of Village Chandera, Dausa,
Tehsil Baswa, District Dausa, Rajasthan. Mobile
No.9799199315.
2. Ranglal Son Of Shri Bhagwan Sahay, Aged About 50
Years, Resident Of Village Chandera, Dausa, Tehsil Baswa,
District Dausa, Rajasthan. Mobile No.6378119935.
3. Prabhu Dayal Gurjar Son Of Bhagwan Sahay, Aged About
60 Years, Resident Of Village Chandera, Dausa, Tehsil
Baswa, District Dausa, Rajasthan. Mobile No.8741902236.
4. Sumer Singh Son Of Shri Narayan, Aged About 35 Years,
Resident Of Village Chandera, Dausa, Tehsil Baswa,
District Dausa, Rajasthan. Mobile No.8875293797.
5. Babulal Son Of Shri Ramla, Aged About 45 Years,
Resident Of Village Chandera, Dausa, Tehsil Baswa,
District Dausa, Rajasthan.Mobile No.6367710476.
6. Rajendra Son Of Shri Prabhudayal, Aged About 39 Years,
Resident Of Village Chandera, Dausa, Tehsil Baswa,
District Dausa, Rajasthan. Mobile No.9694401227.
7. Vishram Son Of Ranglal, Aged About 25 Years, Resident
Of Village Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan. Aadhar No.884616736766.
----Petitioners
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Revenue Department, Government Of Rajasthan, Jaipur.
2. The District Collector, Dausa.
3. Sub Divisional Officer, Bandikui, District Dausa
4. Superintendent Of Police, Dausa.
5. Tehsildar, Village Chandera, Tehsil Baswa, District Dausa.
6. Sawtaram Son Of Lohadi Ram, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
7. Gokul Son Of Ram Sahay, Resident Of Village Chandera,
Dausa, Tehsil Baswa, District Dausa, Rajasthan.
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8. Kajod Jangid Son Of Raghunath, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
9. Ramjilal Son Of Govind Sahay, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
10. Gokul Son Bisnya, Resident Of Village Chandera, Dausa,
Tehsil Baswa, District Dausa, Rajasthan.
11. Mathuresh Son Of Ramswaroop, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
12. Harinarayan Son Of Bhartya, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
13. Rajaram Son Of Bhartya, Resident Of Village Chandera,
Dausa, Tehsil Baswa, District Dausa, Rajasthan.
14. Badri Son Of Mangilal, Resident Of Village Chandera,
Dausa, Tehsil Baswa, District Dausa, Rajasthan.
15. Laxman Son Of Ramsahay, Resident Of Village Chandera,
Dausa, Tehsil Baswa, District Dausa, Rajasthan.
16. Kishore Son Of Badraram Bairwa, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
17. Badri Son Of Kaluram Bairwa, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
18. Phool Chand Son Of Kaluram Bairwa, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
19. Narendra Bairwa Son Of Prakash, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
20. Rewadmal Sharma Son Of Mahadev Sharma, Resident Of
Village Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
21. Laxman Son Of Rewad Gurjar, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
22. Ram Singh Son Of Kalu, Resident Of Village Chandera,
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Dausa, Tehsil Baswa, District Dausa, Rajasthan.
23. Bharosi Son Of Sanwalaram Kumawat, Resident Of Village
Chandera, Dausa, Tehsil Baswa, District Dausa,
Rajasthan.
24. Neta Son Of Murali, Resident Of Village Chandera, Dausa,
Tehsil Baswa, District Dausa, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ram Ratan Gurjar Advocate.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
30/09/2022
Instant Public Interest Litigation petition has been filed
with the following prayer:-
"In view of above mentioned facts and
circumstances, the petitioner most humbly pray that
your Lordship may graciously be pleased to accept
this writ petition and be further pleased to direct the
respondents to remove the encroachment and illegal
constructions on the Land bearing Khasra
No.1240/538, 1242/540, 159, 160, 161, 162, 273,
274, 275, 276, 277, 278, 279, 280, 281, 282, 283,
284, 539, 544, 545, 546, 550, 551, 552, 553, 562,
563, 564 situated at village Chandera, Tehsil Baswa,
District Dausa and also direct them to take
appropriate action against the encroachers
respondents No.6 to 24."
A Division Bench of this Court in the matter of Jagdish
Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B.
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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 the
petitioners 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
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),ACTING CJ
Sanjay Kumawat-18
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