Gopal Goshala Seva Samiti vs State Of Raj And Ors ...
2023 Latest Caselaw 3888 Raj/2

[2023:RJ-JP:18414]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 9809/2014

Gopal Goshala Seva Samiti, Nagar Road, Nainwa, through
Hemant Kumar Chauhan S/o Shri Chhagan Lal Chauhan, age
about 42 years, R/o Nagar Road, Nainwa, Distt. Bundi Raj.
                                                                     ----Petitioner
                                     Versus
    1. The    state   of   rajasthan,        through        Principal   Secretary,
       department of Revenue, Secretariat, jaipur.
    2. District Collector, Bundi.
    3. S.D.O. Nainwa, Distt. Bundi.
    4. Tehsildar, Nainwa, Distt. Bundi
                                                                  ----Respondents

For Petitioner(s) : Mr. Himanshu Chetani for Mr. Ashwani Chobisa For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

21/08/2023

1. Instant writ petition has been filed with the following

prayers:-

"(a) by issuance of writ of mandamus or any other appropriate writ order or direction the respondents be directed to remove the encroachments from the charagah land described in para no.2 of the writ petition situated at Nainwa Pratham, Nainwa Dwitiya and village Rajalawata by taking appropriate action against the encroachers in accordance with law;

(b) by issuance of appropriate writ or direction the respondents be restrained from allowing the land to be used for any other purpose, then the purpose which has been recorded in the Revenue Record and may further be restrained form regularizing the illegal activities from charagah land including the houses;

[2023:RJ-JP:18414] (2 of 2) [CW-9809/2014]

(c) by issuance of appropriate writ or direction the respondents be directed to comply with the judgment of Hon'ble Apex Court in Civil Appeal No.1132/2011 or SLP (Civil) No.3109/2011 - Jagpal Singhand Ors Versus State of Punjab;"

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 petitioners

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

ARTI SHARMA /21

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