Hon'ble JAIN-I, J.—Heard the learned counsel for the parties. 2. The petitioners have preferred this writ petition in the nature of public interest litigation contending therein that they are permanent residents of Village Rajpura, Tehsil, Lalsot, District, Dausa. There is a pasture land bearing Khasra No. 202 measuring 368.10 Bighas in Village Rajpura. The respondents Nos. 8 to 23 have illegally encroached upon the said pasture land, due to which the cattles of villagers have been deprived from grazing over the said land. The villagers submitted a representation to District Collector, Dausa on 6th May, 2009 in this regard. The District Collector directed the Tehsildar, Lalsot to look into the matter. Thereafter, a report was submitted on 14th July, 2009. From the report, it appears that there is a dispute and tension in the villagers about measurement of the pasture land. The villagers again submitted a representation on 17th July, 2009 and again the SDO, Lalsot was directed to examine the issue. The Patwari Halka of Halka Shivsinghpura was also directed to examine the matter and for measurement of the pasture land. It was also alleged that some green trees have also been cut from the land bearing Khasra No. 202 and for which a First Information Report No. 446/2009 was registered and is pending investigation. Therefore, it was prayed in the writ petition that by issuing an appropriate writ, order or direction the respondents Nos. 1 to 7 may be directed to measure the land of Khasra No.202 and to see that respondents Nos. 8 to 23 may not encroach upon the same. 3. The respondents Nos. 1 to 7 have filed their written reply to writ petition, therein, it was not disputed that there exists a pasture land bearing Khasra No. 202 measuring 368 Bighas & 10 Biswas in village Rajpura. However, it was submitted that on receipt of representation from the villagers and having come to know about encroachments over pasture land, an action was taken by the respondents. The assistance of police was also taken. The Patwari Halka reached on the spot and in presence of the villagers demarcated the pasture land in dispute and encroachments made by the respondents have been removed and their crops were taken under the custody of the Government. A copy of site report dated 19th April, 2010 has been placed on record as Annexure-R/1.
The Patwari Halka reached on the spot and in presence of the villagers demarcated the pasture land in dispute and encroachments made by the respondents have been removed and their crops were taken under the custody of the Government. A copy of site report dated 19th April, 2010 has been placed on record as Annexure-R/1. It has also been stated in the reply that since proceedings under Section 91 were also initiated against four persons, who again tried to encroach upon the land in dispute despite their removal from the said land and in the said proceedings the Naib Tehsildar also vide its order dated 31st March, 2010 and 22nd February, 2010 passed an order of their punishment of civil jail for one month. So far as cutting of trees from the land in dispute is concerned, it was stated in the reply that F.I.R. No. 446 of 2009 was registered under Sections 447 & 379 I.P.C., two persons namely Ramswaroop S/o Ganga Sahai and Ratan Lal S/o Ganga Sahai were arrested, tree was recovered, charge-sheet was submitted against them and they are facing trial in a competent court. The copies of orders passed by Naib Tehsildar, punishing the persons, who encroached upon the land and a copy of the charge-sheet were placed on record along with the reply. 4. Petitioners have filed a rejoinder, wherein it is stated that the respondents Nos. 1 to 7 have not removed the complete encroachments. However, the fact of initiating the proceedings under Section 91 and passing of order dated 31st March, 2010 by the Naib Tehsildar punishing the respondents were admitted. The registration of the F.I.R. No.446/2009 was also admitted. 5. Learned counsel for the petitioners submitted that although the respondents have removed some encroachments from the land in dispute, but all encroachments have not been removed so far. 6. Learned counsel appearing on behalf of the respondents submitted that demarcation was made over the said land and whoever was found as trespasser over the said land, he was removed. The F.I.R.s were also registered against defaulting persons and they were arrested also. The proceedings under Section 91 of the Land Revenue Act were initiated against them and they were punished with a sentence of imprisonment. He further submits that respondents will again see that no body encroaches upon pasture land. 7.
The F.I.R.s were also registered against defaulting persons and they were arrested also. The proceedings under Section 91 of the Land Revenue Act were initiated against them and they were punished with a sentence of imprisonment. He further submits that respondents will again see that no body encroaches upon pasture land. 7. We have considered the submissions of learned counsel for the parties. There is no dispute between the parties that land bearing Khasra No.202 measuring 368.10 Bighas situated in village Rajpura is a pasture land and no one has a right to make any encroachment upon it. Some culprits encroached upon the pasture land and they have been removed by the respondents. F.I.R. was also registered against them and they were arrested and challan has been filed against them and they are facing criminal trial before competent court. An order of imprisonment of civil jail has also been passed under Section 91 of the Land Revenue Act. The respondents have assured that if any person is found in possession of the said land in future, an immediate action will again be taken against him in accordance with law. 8. After considering all the facts and circumstances of the case and in view of the above discussion, we dispose off the writ petition with a direction to the respondents Nos. 1 to 7 to see that no body encroaches upon the pasture land in dispute, in future. In case, any complaint is further received in this regard from any villager then an action in this regard be taken immediately in accordance with law. Cost is made easy.