Rajasthan High Court - Jodhpur
Bhinyaram vs State Of Rajasthan ... on 4 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:42018-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Contempt No. 748/2021
1. Bhinyaram S/o Shri Simratha Ram, Aged About 62 Years,
B/c Jat, R/o Village - Berdon Ka Baas, Tehsil Osian,
District Jodhpur (Rajasthan).
2. Ramesh Kumar S/o Shri Balluram, Aged About 38 Years,
B/c Jat, R/o Mahadev Nagar, Cherai, Tehsil Tinwari,
District Jodhpur (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary,
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
2. Smt.manju Rajpal, Ias, Principal Secretary, Panchayati
Raj Department, Government Of Rajasthan, Jaipur.
3. Shri Indrajeet Singh, Ias, District Collector And Chairman,
Public Land Protection Cell (P.l.p.c.), Jodhpur (Rajasthan).
4. Dr. Indrajeet Yadav, Chief Executive Officer, Zila Parishad,
Jodhpur.
5. Smt. Aditya, Tehsildar (Revenue), Tehsil Tinwari,
Districtjodhpur.
6. Shri Ratan Lal Raigar, Sub Divisional Officer, Panchayat
Samiti - Osian, District Jodhpur.
7. Shri Sanwal Ram, Block Development Officer, Panchayat
Samiti, Tinwari, District Jodhpur.
8. Smt. Kamla Paliwal, Sarpanch, Gram Panchayat, Cherai,
Tehsil Tinwari, District Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ramniwas Choudhary,
Mr. Sharwan Kumar Daukiya, and
Mr. Kuldeep Kumar Shah
For Respondent(s) : Mr. Sunil Beniwal, AAG
(Downloaded on 05/12/2023 at 08:45:39 PM)
[2023:RJ-JD:42018-DB] (2 of 3) [WCP-748/2021]
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
04/12/2023
This contempt petition is filed by the petitioners alleging
therein that the respondents have not complied with the directions
given by this Court on 7.12.2020 in DB Civil Writ Petition
No.11885/2020.
Vide order dated 07.12.2020, the Division Bench of this
Court has disposed of the writ petition filed by the petitioners
while observing that the writ petition preferred by the petitioners
raising the grievances shall be treated to be a representation,
which shall be considered and decided by the Public Land
Protection Cell of District (PLPC) of Jodhpur in light of directions
issued by this Court in the case of Jagdish Prasad Meena & Ors.
Vs. State of Rajasthan & Ors. (DB Civil Writ Petition (PIL)
No.10819/2018) in accordance with law.
It is further observed by the Division Bench that the
encroachments, if any, found on the land forming part of aagore,
talab, pal and pasturage shall be removed forthwith.
Various compliance reports and counters thereto have been
filed on behalf of the parties.
Learned counsel for the petitioners has submitted that
though, in the compliance reports, the respondents have come
with a case that they have already complied with the directions
given by this Court, but as a matter of fact, the order passed by
[2023:RJ-JD:42018-DB] (3 of 3) [WCP-748/2021]
this Court has not been complied with. It is further submitted that
in Khasra Nos.2141 and 1744 of Village Cherai, certain private
persons have encroached over the aagore land and new
constructions have also been raised.
Having heard learned counsel for the parties and after going
through the various compliance reports filed on behalf of the
respondents, we are of the opinion that the order dated 7.12.2020
passed by this Court has substantially been complied with. If any
constructions are being raised in Khasra Nos.1744 and 2141, the
respondents are supposed to take action against the alleged
encroachers strictly in accordance with law.
With these observations, this contempt petition is disposed
of.
Notices are discharged.
(MUNNURI LAXMAN),J (VIJAY BISHNOI),J
56-DivyaTak/-
Powered by TCPDF (www.tcpdf.org)
