Harchandrai S/O Shri Shri Palaram vs State Of Rajasthan
2023 Latest Caselaw 3811 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 6800/2019

Harchandrai S/o Shri Shri Palaram, Aged About 73 Years, R/o
Loyal, Tehsil Khetri District Jhunjhunu.
                                                                    ----Petitioner
                                    Versus
1.     State    Of    Rajasthan,          Through          Principal   Secretary,
       Department Of Revenue, Government Of Rajasthan, Govt.
       Secretariat, Jaipur.
2.     The District Collector, Jhunjhunu.
3.     Sub Divisional Magistrate, Khetri District Jhunjhunu.
4.     Tehsildar Tehsil Khetri, District Jhunjhunu.
5.     Sant Kumar S/o Palaram, R/o Loyal, Tehsil Khetri, District
       Jhunjhunu.
6.     Vidhyadhar S/o Palaram, R/o Loyal, Tehsil Khetri, District
       Jhunjhunu.
7.     Surendra S/o Palaram, R/o Loyal, Tehsil Khetri, District
       Jhunjhunu.
8.     Mali Devi W/o Harchand Ram, R/o Loyal, Tehsil Khetri,
       District Jhunjhunu.
                                                                 ----Respondents

For Petitioner(s) : Mr. Gajanand Yadav For Respondent(s) : Mr. Prawal Mishra, Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

19/08/2023

1. Instant writ petition has been filed with the following

prayer:-

"a) By an appropriate writ of order or direction in the nature thereof, thereby the respondent authorities may kindly be directed to remove the illegal and unauthorized encroachment and possession

(2 of 2) [CW-6800/2019]

over the Johad land of Khasra No.135, Village Loyal, Tehsil Khetri District Jhunjhunu with immediate effect."

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 for the redressal of

grievances regarding encroachment of public land.

3. 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

are at liberty to make a representation before PLPC and the

respondents are directed to decide the same within a period of

four months.

4. 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).

5. 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 and any proceeding

against them be initiated and completed in accordance with law.

(GANESH RAM MEENA),J

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