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2019 DIGILAW 1045 (RAJ)

Ramray Meena v. State of Rajasthan

2019-04-05

GOVERDHAN BARDHAR, MOHAMMAD RAFIQ

body2019
JUDGMENT Mohammad Rafiq, J. - By way of this Writ (PIL) Petition, the petitioners have prayed for a direction to the respondent-authorities to demolish the encroachment of private respondents upon gair mumkin rasta, government land, school field and pasture land situated at Village Pramand Pura @ Mandaliya, Tehsil Kotkhawada, District Jaipur. 2. Contention of learned counsel for the petitioners is that the land bearing Khasra Nos.14, 16, 19, 47, 128, 131, 155, 169, 170, 173, 255, 256, 259, 296, 297, 299, 325, 328, 333, 336, 350, 369 situated at Village Parmanad Pura @ Mandaliya, Gram Panchayat Thikriya Meenan, Tehsil Kotkhawada, District Jaipur was recorded as Gair Mumkin Rasta in revenue record of the Govt. and Khasra Nos.15, 21, 22, 26, 29, 35, 36, 44, 67, 75, 77, 101, 116, 125, 126, 127, 146, 147, 148, 182, 183, 209, 218, 249, 250, 251, 302, 303, 305, 309, 311, 314, 317, 322, 351, 374, 375, 384, 388, 389, 390 was recorded as government land in revenue record and Khasra Nos. 72, 65, 295/452 was recorded as govt. school field of Govt. Primary School, Parmanand Pura @ Mandaliya in government record and Khasra No. 294, 295, 298, 300, 301, 306, 307, 308, 324, 329, 330, 331, 332, 334, 335, 343, 359, 360, 361, 362, 362/448, 371, 387 recorded as pasture land and school land in revenue record. The aforesaid Khasra of land is reserved by the government for pasture purpose, and for the welfare of local resident of above Village, so that the animals of Village Pramand Pura @ Mandaliya utilize the same and grazing. In this land castles have been grazing form time immemorial. Near about 10000 cattle of the said area are grazing and sitting upon the above land. Therefore this is a customary public interested land of the above village. However, the private respondents and their supporters made encroachment on the subject land by cultivating the same and by make permanent construction on the land in question since last many years. The petitioner and other villagers are regularly under correspondence with state agencies for demolishing the encroachment but nothing has been done so far. 3. However, the private respondents and their supporters made encroachment on the subject land by cultivating the same and by make permanent construction on the land in question since last many years. The petitioner and other villagers are regularly under correspondence with state agencies for demolishing the encroachment but nothing has been done so far. 3. Learned counsel has cited a judgment of the Supreme Court in Jagpal Singh and Others vs. State of Punjab and Others, (2011) 11 SCC 396 and submitted that therein the Supreme Court has directed all the State Government to prepare a scheme for eviction of illegal/unauthorized occupants. 4. This Court vide order dated 30.01.2019 passed in Jagdish Prasad Meena & Others vs. State of Rajasthan & Others, D.B. Civil Writ Petition (PIL) No. 10819/2018 took note of fact that large number of writ petitions are being filed before this Court styled as public interest litigation petitions which pertained to encroachment over the pasture land/ land of 'johad', 'talab'/ river/river bed/public way/ Shamshan/Kabristan etc. and directed the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short 'PLPC') for rural areas. It was further directed by this Court that the PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The complaints/ representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/ representations about the action taken. It was observed that this would obviate the necessity of such complainants/ representations approaching this Court directly by way of public interest litigation. 5. The complaints/ representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/ representations about the action taken. It was observed that this would obviate the necessity of such complainants/ representations approaching this Court directly by way of public interest litigation. 5. In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioners to approach the District Collector, Jaipur by filing a detailed representation along with a copy of this order, who shall examine the grievances of the petitioners and do the needful within a period of three months from the date of filing of the representation. 6. With the aforesaid direction, writ petition stands disposed of.