Moolchand S/O Shri Chhitar vs State Of Rajasthan ...
2023 Latest Caselaw 4498 Raj/2

[2023:RJ-JP:20600]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 18686/2019

Moolchand S/o Shri Chhitar, Aged About 45 Years, R/o Godka
Bas, Tehsil Kotkhawada, District Jaipur.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Chief Secretary, Govt. Of
         Rajasthan, Secretariat, Jaipur.
2.       District Collector, Jaipur.
3.       Sub-Divisional Magistrate, Chaksu District Jaipur.
4.       Tehsildar, Tehsil Khotkhawada, District Jaipur.
5.       Land        Record       Inspector,        Rupahedi         Kalan,   Tehsil
         Kotkhawada, District Jaipur.
                                                                    ----Respondents

For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Anil Mehta, AAG with Yashodhar Pandey

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

02/09/2023

1. Instant writ petition has been filed with the following

prayer:-

"(i) By an appropriate writ, order of direction in the nature thereof the respondents may kindly be directed to remove the encroachment from the pasture (Charagah) land bearing Khasra No.778/2, 778/3, 798/2 & 798/3 situated in Village Godkabas, Tehsil Khotkhawada District Jaipur."

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

[2023:RJ-JP:20600] (2 of 2) [CW-18686/2019]

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 /155

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