Rajasthan High Court
Shivraj Singh S/O. Shri Sur Raj ... vs 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. 14542/2022
1. Shivraj Singh S/o. Shri Sur Raj Singh, Aged About 68
Years, Resident Of Village Dangarthal, Tehsil Newai,
District Tonk (Raj.) Aadhar No.5213 9792 1841, Mobile
No.9414543713.
2. Bodulal Gurjar S/o. Shri Bhagota Gurjar, Aged About 31
Years, Resident Of Village Dangarthal, Tehsil Newai,
District Tonk (Raj.) Aadhar No.7053 5316 9471.
3. Nathu S/o. Lala, Aged About 61 Years, Resident Of Village
Dangarthal, Tehsil Newai, District Tonk (Raj.) Aadhar
No.4692 7378 6590.
4. Gopal Lal Mali S/o. Birdhi Chand Ji, Aged About 66 Years,
Resident Of Village Dangarthal, Tehsil Newai, District Tonk
(Raj.) Aadhar No.9514 7535 6315.
5. Mukesh S/o. Kastoor, Aged About 65 Years, Resident Of
Village Dangarthal, Tehsil Newai, District Tonk (Raj.)
Aadhar No.3020 6106 2404.
6. Ramphool Gurjar S/o. Kishanlal, Aged About 40 Years,
Resident Of Village Dangarthal, Tehsil Newai, District Tonk
(Raj.) Aadhar No.8984 7851 6153, Mobile
No.8302781918.
----Petitioners
Versus
1. State Of Rajasthan, Principal Secretary, Department Of
Revenue, Secretariat Government Of Rajasthan,
Secretariat, Jaipur (Raj.)
2. District Collector, District Tonk (Raj.)
3. Tehsildar, Tehsil Newai, District Tonk (Raj.)
4. Om Prakash S/o. Nathu, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
5. Panmal S/o. Gyarsi Lal, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
6. Bheru S/o. Sheonarayan, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
7. Pappu S/o. Nathu, Resident Of Dangarthal, Tehsil Newai,
District Tonk (Raj.)
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8. Hanuman S/o. Amba, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
9. Kishan Lal S/o. Madho, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
10. Kailash S/o. Ghasi, Resident Of Dangarthal, Tehsil Newai,
District Tonk (Raj.)
11. Devalal S/o. Ramrakh, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
12. Devkaran S/o. Kishanlal, Resident Of Dangarthal, Tehsil
Newai, District Tonk (Raj.)
----Respondents
For Petitioner(s) : Mr. Gajendra Vyas 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:-
"It is, therefore, most respectfully prayed that
this Hon'ble Court may very graciously be pleased to
allow/accept this writ petition;
(i) by an appropriate writ, order or direction, to
the respondents to vacate the land bearing the
Khasras numbers as stated in the petition and to
make it available for grazing the livestock as this is
pasture land.
(ii) The respondents No.1 to 3 be directed to
remove the illegal encroachments made by
respondent No.4 to 12 over the government land
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registered as pasture land in the Jamabandi records
of the government.
(iii) Cost of the writ petition may kindly be
awarded in favour of the petitioners.
(iv) 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 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).
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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-20
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