Ramdhan Kanwadeya Son Of Sh. Bodu ... vs The State Of Rajasthan ...
2023 Latest Caselaw 2679 Raj/2

  [2023/RJJP/003808]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                   D.B. Civil Writ Petition No. 2779/2023

   Ramdhan Kanwadeya Son Of Sh. Bodu Ram Raigar, Aged About
   50 Years, Resident Of Village P.O. Karansar Panchayat Samitee
   Jobner, Tehsil Jobner, District-Jaipur, Rajasthan. P.A.N. Not
   Applicable.
                                                                      ----Petitioner
                                      Versus
   1.      The State Of Rajasthan, Through The Principal Secretary,
           Department Of Revenue Govt. Of Rajasthan, Government
           Secretariat, Jaipur, Rajasthan.
   2.      The District Collector, District Jaipur, Rajasthan.
   3.      The Sub-Divisional Officer, S.D.O Office Jobner, District
           Jaipur, Rajasthan.
   4.      The Tehsildar Jobner, District Jaipur, Rajasthan.
                                                                   ----Respondents

For Petitioner(s) : Mr. Ramdhan Kanwadeya, petitioner in person For Respondent(s) : Mr. Rajesh Maharshi, AAG with Ms. Shretima Bagri

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

Order

08/03/2023

A copy of this writ petition along with annexures has already

been supplied in the office of Additional Advocate General.

Instant Public Interest Litigation petition has been filed with

the following prayer:-

"It is, most humbly prayed that this Hon'ble Court be pleased to call for the entire record relating to the various Khasra of village Panchayat Karansar and after perusing the same may kindly be pleased to accept and

[2023/RJJP/003808] (2 of 3) [CW-2779/2023]

allow this writ petition (P.I.L.) and further be pleased to:

(i) Issue writ of Mandamus commanding the answering respondents thereof and thereby encroachments on Khasara No.291 of Village Karansar, Khasara No.42 of Village Harnathpura, Khasara No.17 of Village Khajuriya, and Khasara No.65 of Village Basadi Kalan of Gram Panchayat Karansar may kindly be removed with out any further delay and constructions made by the unauthorized occupants may kindly be demolished and vacated land may kindly be handed over to the village Panchayat for proper maintenance and development of grazing grounds for cattle on the land.

(ii) Issue appropriate writ order or direction thereof and thereby authorities of district administration i.e. Superintendent of Police and District Collector may kindly be directed to assist the S.D.O. and local police while removing the unauthorized encroachments and occupations.

(iii) Issue order or direction thereof and thereby the respondent authorities may further be directed to ensure a strict compliance of the directions contained in the judgment passed by the Hon'ble Supreme Court in Jagpal Singh's case in its true letter and spirit.

(iv) Issue appropriate order of direction thereof and thereby the respondent authorities may further be directed to implement the Policy Decision taken by the State of Rajasthan in its campaign called "Shamlat Abhiyan" at the earliest.

(v) Issue appropriate order or direction thereof and thereby the respondents may kindly be restrained from making allotment of any common land/pasture land/Charagah land/Charai land for individual benefits.

(vi) Issue appropriate writ order or direction thereof and thereby actions of the respondents in making corrections/modifications in the revenue record may also be declared illegal and the same may kindly be quashed and set aside.

(vii) The cost of the writ petition may kindly be awarded in favour of the petitioner-Ex- serviceman".

[2023/RJJP/003808] (3 of 3) [CW-2779/2023]

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.

The petitioner present in person submitted that he may be

permitted to submit a representation before the PLPC and

respondents be directed to dispose of the same within a period of

four 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

four months.

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

CHARU SONI /25

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