Rajasthan High Court - Jodhpur
Padam Singh vs State Of Rajasthan ... on 9 May, 2023
Bench: Vijay Bishnoi, Praveer Bhatnagar
[2023/RJJD/014201]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 2554/2023
Padam Singh S/o Late Sh. Devi Singh, Aged About 75 Years, R/o
House No. 140, Bazar Ke Pass, Brahmno Ka Bas, Village Rodoo,
Tehsil Ladnu, District Nagour Rajasthan.
----Petitioner
Versus
1. State of Rajasthan, through the Joint Government
Secretary, Revenue (Group-3) Department, Government
of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The District Collector, Nagour.
3. The Sub Divisional Officer, Ladnu, District Nagaur.
4. The Tehsildar Ladnu, Tehsil Ladnu, District Nagaur.
5. Sh. Pannalal S/o Sh. Umram, R/o Village Rodoo, Tehsil
Ladnu, District Nagour.
----Respondents
For Petitioner(s) : Mr. Rajendra Singh Shekhawat
For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
09/05/2023
1. This writ petition has been filed by the petitioner, claiming
that the same has been filed in the public interest, raising a
grievance that in Khasar No.530 of Village Rodu, Tehsil Ladnu,
District Nagaur, a catchment of a pond exists, however,
respondent No.5 has illegally encroached over the said catchment
land.
2. It is contended in the writ petition that the petitioner and
other villagers filed several representations to the authorities
concerned but the encroachments over the catchment area has
not been removed by them.
3. It is contended in the writ petition that the catchment area is
treated to be a public land as per the decisions rendered by the
[2023/RJJD/014201] (2 of 2) [CW-2554/2023]
Hon'ble Supreme Court as well as this Court in various judgments
and the Government is duty bound to get the encroachments
removed from the public land.
4. Mr. Sunil Beniwal, learned AAG has submitted that the
allegation of petitioner that respondent No.5 or any other person
has encroached over the catchment area falling in Khasara No.530
of Village Rodu, Tehsil Ladnu, District Nagaur is not correct. It is
also submitted that the respondent No.5 has not encroached over
any land of the catchment area and only the Gram Panchayat has
raised certain construction, which is also on the abadi land.
5. Mr. Sunil Beniwal, learned AAG has further submitted that
the State Government is duty bound to remove any encroachment
from the public land of villages, however, in the present case, no
such encroachment is found on the catchment area of Village
Rodu, Tehsil Ladnu, District Nagaur falling in Khasara No.530.
6. Learned AAG Mr. Sunil Beniwal has assured this Court that in
future, if any encroachment is found on the catchment area of
Village Rodu, Tehsil Ladnu, District Nagaur falling in Khasara
No.530, strict action will be taken against the encroachers.
7. In view of the above noted facts and circumstances of the
case, no further order is required to be passed in this writ petition.
8. Hence, this writ petition is disposed of.
(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.2
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