Citation : 2023 Latest Caselaw 1716 Raj/2
Judgement Date : 7 February, 2023
[2023/RJJP/001981]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil PIL (Writ) Petition No. 2397/2023
Pappu Lal Meena S/o Shri Laxmanram Meena, Aged About 32
Years, R/o Koliwada, Tehsil Rahuwas, District Dausa. Mobile
No.9414976910.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Revenue, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. District Collector, Dausa.
3. Sub-Divisional Officer, Ramgarh Pachwara, District Dausa.
4. Tehsildar, Ramgarh Pachwara, District Dausa.
5. Roshan Lal Meena S/o Ramji Lal Meena, R/o Village
Koliwada, Tehsil Ramgarh Pachwara, District Dausa.
6. Ramji Lal Meena S/o Mool Chand Meena, R/o Talai Dhani,
Koliwada, Tehsil Ramgarh Pachwara, District Dausa.
7. Harkesh Meena S/o Ramsahai, R/o Koliwada, Tehsil
Ramgarh Pachwara, District Dausa.
8. Meetha Lal S/o Puniram Meena, R/o Koliwada, Tehsil
Ramgarh Pachwara, District Dausa.
9. Rajkumar S/o Panchuram Meena, R/o Koliwada, Tehsil
Ramgarh Pachwara, District Dausa.
10. Babu Lal Meena S/o Ramnath Meena, R/o Koliwada, Tehsil
Ramgarh Pachwara, District Dausa.
11. Bhajan Lal S/o Ramnath Meena, R/o Koliwada, Tehsil
Ramgarh Pachwara, District Dausa.
12. Birbal S/o Panna Ram, R/o Koliwada, Tehsil Ramgarh
Pachwara, District Dausa.
13. Harkesh Meena S/o Sanwal Ram Meena, R/o Koliwada,
Tehsil Ramgarh Pachwara, District Dausa.
----Respondents
For Petitioner(s) : Mr. Tribhuvan Narain Singh Advocate & Mr. Lakhan Singh Meena Advocate.
[2023/RJJP/001981] (2 of 3) [CW-2397/2023]
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment
07/02/2023
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
accept and allow this PIL (writ petition) and further
be pleased to:-
i) Issue a writ, order or direction in the nature
thereof thereby, the respondents may kindly be
directed to remove the encroachment from the
pasture land bearing 185, 242/190, 253/193 total
Khasra 3 measuring 127 Bigha 18 Biswa situated at
Village Koliwada Tehsil Ramgarh Pachwara District
Dausa and take effective action against the land
grabbers who raised encroachment upon the land of
Pasture land.
ii) Any other order which this Hon'ble Court deemed
just and proper in the facts and circumstances of the
case may also be passed in favour of the Petitioner."
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 petitioner submitted that he may be
permitted to submit a representation before the PLPC and
[2023/RJJP/001981] (3 of 3) [CW-2397/2023]
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 petitioner is
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.
(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
SANJAY KUMAWAT-28
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