Dhanraj Choudhary S/O Sitaram ... vs District Collector ...
2023 Latest Caselaw 2367 Raj/2

  [2023/RJJP/003368]

            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR

                D.B. Civil Writ (PIL) Petition No. 2335/2023

   Dhanraj Choudhary S/o Sitaram Choudhary, Aged About 33
   Years, Resident of Village Fatehganj, Tehsil Uniara, District Tonk
   (Raj.)
                                                                       ----Petitioner
                                       Versus
   1.       District Collector, District Tonk (Raj.)
   2.       Sub Division Officer, Tehsil Uniara, District Tonk (Raj.)
   3.       Tehsildar, Tehsil Uniara, District Tonk (Raj.)
   4.       Nayab Tehsildar, Sub Tehsil Banetha, District Tonk (Raj.)
   5.       Sarpanch, Gram Panchayat Roop Pura, Tehsil Uniara,
            District Tonk (Raj.)
                                                                    ----Respondents

For Petitioner(s) : Petitoner-in-person For Respondent(s) : Mr. Rajesh Maharishi, AAG for

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Judgment / Order

27/02/2023

Mr. Rajesh Maharishi, learned Additional Advocate General

on advance copy, enters appearance and takes notice on behalf of

the Respondents No.1 to 4.

This Public Interest Litigation petition has been filed by the

petitioner alleging encroachment over Gair Mumkin Rasta situated

in kharsa No.232 and 249 in Village Fatehganj, Tehsil Uniara,

District Tonk (Raj.) with the following prayer:-

[2023/RJJP/003368] (2 of 3) [CW-2335/2023]

"It is, therefore, most respectfully prayed that

this Public Interest Litigation may kindly be accepted

and allowed:-

i) by an appropriate writ, order or direction, the

Respondents may kindly be directed to remove the

illegal encroachment from the public land namely

Khasra No. 232, 249 (Gair Mumkin Rasta) Village

Fatehganj, Tehsil Uniara, District Tonk (Raj.)

Cost of the writ petition may kindly be awarded

in favour of the petitioner.

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 & Others Versus State of Rajasthan &

Others, 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.

Petitioner submitted that he may be permitted to submit a

representation before the PLPC and respondents be directed to

dispose off 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.

[2023/RJJP/003368] (3 of 3) [CW-2335/2023]

Considering that this petition has been disposed off at the

motion stage, 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

Mohita /20

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