Ram Raj Sharma Son Of Ramji Lal ... vs State Of Rajasthan Through ...
2023 Latest Caselaw 6140 Raj/2

[2023:RJ-JP:30599]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 23000/2018

Ram Raj Sharma Son Of Ramji Lal Sharma, Aged About 38
Years, R/o Bhoodla, Tehsil Bassi, District Jaipur.
                                                                         ----Petitioner
                                         Versus
1.       State       Of     Rajasthan          Through         Principal    Secretary,
         Department Of Revenue, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       District Collector, Jaipur.
3.       Tehsildar, Bassi, District Jaipur.
4.       Sunita Sharma Wife Of Anil Kumar, Sarpanch Gram
         Panchayat Bhoodla, Tehsil Bassi, District Jaipur.
                                                                      ----Respondents

For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Akshay Sharma, AGC Mr. Sanjay Kumar Sharma

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

18/10/2023

1. Instant writ petition has been filed by the petitioner with the

following prayer to direct the respondents No.1 to 4:-

dated 10.05.2018 whereby changed the nature of land from charagah land of old khasra no.44 and 304 and making new khasra no.361/44 and 362/304 situated at Patwar Halka Bhoodla, Tehsil Bassi, District Jaipur.

(ii) remove all the encroachments and illegal construction made by the respondent No.5 on the said land.

(iii) direct to restore the position as existing as on 15th August, 1947.

(iv) direct that encroachments on the charagah land and the position as existing in the revenue record may be restored."

[2023:RJ-JP:30599] (2 of 2) [CW-23000/2018]

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

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