Rajasthan High Court
Rakesh Kumar S/O Shri Bhagwanaram vs State Of Rajasthan on 10 January, 2023
Bench: Pankaj Mithal, Shubha Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Review Petition (Writ) No. 18/2022
1. Rakesh Kumar S/o Shri Bhagwanaram, Aged About 40
Years, R/o Village Bad Ki Dhani, Post Gudhagaurji, Tehsil
Udaipurwati, District Jhunjhunu (Raj.)
2. Vinod Kumar S/o Shri Bhanwarlal, Aged About 24 Years,
R/o Village Jeetarwalon Ki Dhani, Post Gudhagaurji, Tehsil
Udaipurwati, District Jhunjhunu (Raj.)
3. Surendra Kumar S/o Shri Shishram, Aged About 27 Years,
R/o Kanika Ki Dhani, Post Gudhagaurji, Tehsil
Udaipurwati, District Jhunjhunu (Raj.)
4. Pradeep Kumar S/o Shri Sanjay Singh, aged about 24
years R/o Kanika Ki Dhani, Post Gudhagaurji, Tehsil
Udaipurwati, District Jhunjhunu (Raj.)
5. Mahesh Kumar S/o Shri Lichmanram, Aged About 38
Years, R/o Village Bad Ki Dhani, Post Gudhagaurji, Tehsil
Udaipurwati, District Jhunjhunu (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Revenue, Secretariat, Jaipur.
2. District Collector, District Jhunjhunu (Raj.).
3. Sub Divisional Officer, Tehsil Udaipurwati, District
Jhunjhunu (Raj.).
4. Tehsildar, Tehsil Udaipurwati, District Jhunjhunu (Raj.).
5. Naib Tehsildar Gudha Gaur Ji, District Jhunjhunu (Raj.).
6. Assistant Engineer, Public Works Department,
Gudhagaurji, District Jhunjhunu, Rajasthan.
7. Sanjay Singh Shekhawat S/o Madhosingh Shekhawat,
Aged About 39 Years, R/o Gudha, Tehsil Gudhagaurji,
District Jhunjhunu.
8. Rajendra Singh Shekhawat S/o Madhosingh Shekhawat,
R/o Gudha, Tehsil Gudhagaurji, District Jhunjhunu.
9. Nisha Kanwar W/o Rajendra Singh Shekhawat, R/o
Gudha, Tehsil Gudhagaurji, District Jhunjhunu.
10. Mukesh Nimawat S/o Kishanlal Nimawat, R/o
Gudhagaurji, Tehsil Udaipurwati, District Jhunjhunu.
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11. Ummed Singh Shekhawat S/o Sumer Singh Shekhawat,
R/o Nangal, Tehsil Gudhagaurji, District Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. Yogesh Kumar Sharma
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
10/01/2023
1. Heard learned counsel for the review-petitioners i.e.
respondent Nos.7 to 11.
2. The review-petitioners have applied for review of the
judgment and order dated 10.05.2021 by which D.B. Civil Writ
(P.I.L.) Petition No.4450/2021 has been disposed of.
3. In the aforesaid writ petition, the grievance raised was that
some public land in the rural areas has been encroached upon and
therefore, the State authorities should take steps to clear the
encroachments. The Division Bench vide order dated 10.05.2021
directed that the matter of removal of encroachment be raised
before the Public Land Protection Cell (PLPC) which was created
pursuant to the decision of the Division Bench of this Court in
Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors.
D.B. Civil Writ Petition (PIL) No.10819/2018 decided on
30.01.2019. In the aforesaid case, directions were issued for
creation of Public Land Protection Cell for considering the
encroachments on public land in rural areas.
4. The disposal of the writ petition vide order dated 10.05.2021
by referring the matter to the PLPC is an innocuous order which in
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no way causes any prejudice or adverse effect upon any
substantive right of the review-petitioners.
5. It is open for the review-petitioners to appear before the
PLPC before whom the representation for the removal of
encroachment is made and to submit their explanation whereupon
the PLPC would pass appropriate orders after considering the
versions of both the parties in accordance with law. It goes
without saying that all contentions raised by the review petitioners
before the PLPC shall be dealt with by a speaking order.
6. In the event, the order of the PLPC goes against the review-
petitioners, they have a remedy to challenge it before the
appropriate forum and as such, we do not find any error apparent
on the face of the record which may warrant interference by this
Court in exercise of review jurisdiction.
7. Accordingly, the review petition stands disposed of.
(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ
ANIL KUMAR GOYAL/RAJAT/6
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