Jagdish Sharma vs State Of Raj And Ors ...
2023 Latest Caselaw 5468 Raj/2

[2023:RJ-JP:26147]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12869/2017

Jagdish Sharma S/o Sh. Prabhu Dayal Sharma, aged about 37
years, R/o Village Dadnka Post Kableshwar, Panchayat Samiti
Dausa District Dausa.
                                                                       ----Petitioner
                                      Versus
1.       State Of Rajasthan Through Its Principal Secretary,
         Department Of Revenue, Govt. Of Rajasthan , Secretariat,
         Jaipur.
2.       The       Secretary,      Department             Of       Panchayati   Raj,
         Government Of Rajasthan, Secretariat, Jaipur.
3.       The District Collector, Dausa.
4.       The Tehsildar, Dausa District Dausa.
                                                                    ----Respondents

For Petitioner(s) : Mr. Rambabu Gupta For Respondent(s) : Mr. Rajendra Soni, AAG with Ms. Nayantara Soni

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

03/10/2023

1. Instant writ petition has been filed with the following

prayers:-

"(i) by issuing appropriate writ, order or direction this Hon'ble Court may be pleased to call for the record from the respondents with regard to the various representations and applications filed by the petitioner and villagers of village Dadnka and ;

(ii) the repondents may be directed to protect the charagaha land bearing khasra No.1/1, 281,282, 283, 284, 416, 417 which is a pasture land situated at village Dadanka Tehsil & District Dausa by carrying out Sima Gyan and Pathar Gadi, the respondents may further be directed to stringent actions

[2023:RJ-JP:26147] (2 of 2) [CW-12869/2017]

against encroachers and defaulting persons who made encroachment and further permitted such encroachments over the charagaha land."

2. 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 for the redressal of

grievances regarding encroachment of public land.

3. 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.

4. 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).

5. 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 and any proceeding

against them be initiated and completed in accordance with law.

(GANESH RAM MEENA),J

ARTI SHARMA /112

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