Ramu Lal Saini S/O Shri ... vs The State Of Rajasthan ...
2023 Latest Caselaw 5039 Raj/2

[2023:RJ-JP:23647]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 17545/2018

1.       Ramu Lal Saini S/o Shri Shyonarayan Saini, Aged About
         30 Years, R/o 211, Badi Dhani Sambhariya, Tehsil Bassi,
         District Jaipur (Raj.)
2.       Raju Lal Saini S/o Shri Kalu Ram Saini, Aged About 40
         Years, R/o 211, Badi Dhani Sambhariya, Tehsil Bassi,
         District Jaipur (Raj.)
3.       Budharam S/o Shri Kalu Ram Saini, Aged About 32 Years,
         R/o 211, Badi Dhani Sambhariya, Tehsil Bassi, District
         Jaipur (Raj.)
                                                                   ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through The Chief Secretary,
         Government Of Rajasthan, Secretariat, Jaipur
2.       The Principle Secretary, Department Of Panchayati Raj,
         Government Of Rajasthan, Government Secretariat,
         Jaipur (Raj.)
3.       The District Collector, District Jaipur, (Raj.)

4.       The Sub-Division Officer, Bassi, District Jaipur (Raj.)

5.       The Tehsildar, Tehsil Bassi, District Jaipur (Raj.)

6.       The Secretary, Gram Panchayat Shabhariya, Tehsil Bassi,
         District Jaipur (Raj.)
7.       Smt. Hema Meena, Patwari, Patwar Halka,                          Village
         Sambhariya, Tehsil Bassi, District Jaipur (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

18/09/2023

1. Instant writ petition has been filed with the following

prayers:-

"1) to direct the respondents to immediately remove the encroachment and construction made by the trespassers upon the Pasture Land pertains to Khasra No.421, in Village

[2023:RJ-JP:23647] (2 of 2) [CW-17545/2018]

Sambhariya, Tehsil Bassi, District Jaipur (Raj.) forthwith;

2) to direct the respondents immediately evict the trespassers from the Pasture Land situated as Khasra NO.421 in Village Sambhariya, Tehsil Bassi, District Jaipur (Raj.)."

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 petitioners

are 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 /84

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