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2019 DIGILAW 1600 (RAJ)

Raghunath Ram v. State of Rajasthan

2019-05-22

DINESH MEHTA, S.RAVINDRA BHAT

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JUDGMENT : 1. The petitioners approached this Court in public interest alleging existence of encroachment on Khasra Nos. 238, 169, 172, 178-179 and 181, Village Mandal Jodha, Tehsil Degana, District Nagaur. 2. At the time of entertaining this petition on 27.03.2019, following order was made : "Issue notice. Issue notice of the stay application also. Notices are made returnable within two weeks. In the meanwhile, the District Collector, Nagaur, is directed to ensure the removal of encroachment, if any, made over the road comprising Khasra No. 178, 179, 238, 181 & 180 in Village-Mandal Jodha, Tehsil-Degana, District Nagaur, before the next date of hearing." 3. Reply has been filed by the first respondent, alleging that others have encroached upon the public land; the petitioners denied the allegation but, at the same time, admitted that some encroachment in and around the khasra numbers exist. It is also stated that regular local proceedings have been initiated for removal of encroachment upon public land. Furthermore, it is stated as follows: "3. That the content of paragraphs No. 4.2 are not admitted in the manner the same have been stated. However, it is not denied that there existed some encroachments in and around Khasra mentioned by the petitioner in the para under reply. The answering respondent on regular basis have undertaken legal proceedings against the persons who have encroached upon public land and has passed the appropriate orders which is evident from the annexure attached to the writ petition itself. That as per the revenue record over Khasra No. 238 there exists Gair Mumkin Rasta and over Khasra No. 178, 179 and 181, as per revenue record, there exists road belonging to Public Works Department. At the site in dispute, over khasra No. 238, the respondent No. 6 is undertaking the work of improving the quality of road by way of Damarikaran of already existing road under the PMJSY Yojna. It is also stated herein that the work over complete portion of the road, as was initially decided by the respondent authority, has already completed and the road is being used to commute on regular basis. There is no hindrance whatsoever over the road in question. That out of initial projected area which was to be covered, area of only 100 mtrs, which is infront of the residential construction of the petitioner and his relatives, is left to be completed under the PMJSY Yojna. There is no hindrance whatsoever over the road in question. That out of initial projected area which was to be covered, area of only 100 mtrs, which is infront of the residential construction of the petitioner and his relatives, is left to be completed under the PMJSY Yojna. The petitioner even before filing the writ petition was obstructing work over the said portion of the road. 4. That the contents of para No. 4.3 of the writ petition are admitted to the extent and the same are matter of record." 4. Some parties have applied for impleadment, contending that the petitioners are in fact encroachers. They further allege that the documents do not reflect the correct position and that the local Revenue officers such as the Tehsildars are in collusion with the petitioners. 5. The material on record include the extract of a report, prepared on 30.03.2019, allegedly by a team of Patwaries at the direction of the Tehsildar on 29.03.2019 [No. Hkw-vk-@lh-vk- @2019@5370 dated 29.03.2019]. Since the allegations and counter allegations (the latter by third parties who, have submitted that besides revenue proceedings, they have initiated civil proceedings which are pending and interim orders made) there are clear allegations of encroachment on public lands/public road. 6. In these circumstances, in line with the previous order dated 27.03.2019, the District Collector, Nagaur is directed to carry out an independent survey based upon an inspection, without involving any local Revenue officers, and based upon the assessment, take suitable action to remove the encroachments by any party. If need be, based upon his assessment, administrative action, (including disciplinary action) against the local Revenue officers, including the Tehsildar and Patwari shall also be taken. This process shall be completed within six weeks from today. All parties shall cooperate in the proceeding; if the District Collector records that any obstruction is made, suitable action in that regard shall be initiated. 7. The writ petition is disposed of in the above terms.