Manish Kumar Son Of Shri Pawan ... vs State Of Rajasthan Through ...
2023 Latest Caselaw 6036 Raj/2

[2023:RJ-JP:29617]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14288/2018

Manish Kumar Son Of Shri Pawan Kumar, Aged About 28 Years,

Resident Of Ward No. 6, Pilani Khurd, Post Bisau, Tehsil Malsisar,

District Jhunjhunu (Raj.)
                                                                          ----Petitioner
                                          Versus
1.       State Of Rajasthan Through District Collector, Jhunjhunu

2.       Sub Divisional Officer, Malsisar, District Jhunjhunu

3.       Tehsildar, Malsisar, Jhunjhunu

4.       Naib Tehsildar, Bisau, Jhunjhunu

                                                                       ----Respondents

For Petitioner(s) : Mr. R.K. Agarwal, Sr. Adv. with Mr. P.L. Sharma Mr. Mamoon Khalid For Respondent(s) : Ms. Archana for Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

16/10/2023

1. Instant writ petition has been filed with the following prayer:-

"i) By an appropriate writ, order and direction in the nature thereof, direct the respondents to take effective steps for removal of the encroachment made in the public way leading to the house of the petitioner and to render the way towards the house of the petitioner free from encroachment and water"

2. Counsel for the petitioner apart from the statements

regarding encroachment over the land also submitted that the

petitioner has filed an application under Section 133 Cr.P.C. before

the Sub-Divisional Officer, Malsisar (in short 'SDO Malsisar') and

[2023:RJ-JP:29617] (2 of 3) [CW-14288/2018]

vide order dated 18.06.2019, the Court of SDO Malsisar accepted

the application filed under Section 133 Cr.P.C. and ordered the

Station House Officer, Police Station, Bisau to remove the alleged

encroachment.

3. 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.

4. 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.

5. 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).

6. 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

and it is further observed that the PLPC shall also take into

consideration the proceedings initiated by the petitioner under

[2023:RJ-JP:29617] (3 of 3) [CW-14288/2018]

Section 133 Cr.P.C. and the order dated 18.06.2019 passed by the

SDO Malsisar.

(GANESH RAM MEENA),J

ARTI SHARMA /128

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