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2023 DIGILAW 700 (RAJ)

Mukesh Mul Chand Ji Purohit S/o Shri Mul Chand v. Anand Kumar, Secretary, Department Of Revenue

2023-03-21

KULDEEP MATHUR, MANINDRA MOHAN SHRIVASTAVA

body2023
ORDER : 1. Heard. 2. Mr. Moti Singh learned counsel for the petitioner. 3. Mr. Sunil Beniwal, learned AAG for the respondent-State and Mr. Manoj Bhandari, learned Senior Advocate for newly impleaded respondents. 4. On 06.02.2023, this Court had allowed the applications for impleadment as party respondents and directions were issued to file the amended cause title within two weeks but as per the office report, the amended cause title has not been filed till date. 5. This contempt petition came to be filed by the petitioner alleging willful disobedience of the order dated 16.03.2021 passed by the Division Bench of this Court in D.B. Civil Writ Petition No. 4324/2021 [Mukesh Mul Chand Ji Purohit Vs. The State of Rajasthan & Ors.]. 6. The aforesaid writ petition, as is reflected from the order, came to be filed with allegations of widespread encroachments over the Oran/Aagor/Gochar/pasture land of Village Odwara, Tehsil Ahore, District Jalore. This Court, taking into consideration various earlier directions, particularly, the direction issued by the Division Bench of this Court in the case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors.[D.B. Civil Writ Petition (PIL) No. 10819/2018], disposed off the writ petition with the observation that the petitioner may approach the Public Land Protection Cell (‘PLPC’ for short) of District Jalore constituted pursuant to the directions issued by this Court in the case of Jagdish Prasad Meena (supra). It was further observed that the representation shall be considered by the PLPC in accordance with law. 7. After the order was passed, as is reflected from various orders which have been placed on record, particularly, the order dated 22.12.2021 passed by the District Collector, Jalore, that enquiry was conducted and according to the Tehsildar, there were 335 persons, who are encroachers. The District Collector proceeded to pass the order for removal of the encroachers. 8. This contempt petition came to be filed by the petitioner with the pleadings that the order passed by this Court has not been compiled with in its true letter and spirit. The District Collector proceeded to pass the order for removal of the encroachers. 8. This contempt petition came to be filed by the petitioner with the pleadings that the order passed by this Court has not been compiled with in its true letter and spirit. According to learned counsel for the petitioner, the PLPC was under an obligation to pass appropriate order in view of the judgment passed by the Division Bench of this Court in the case of Jagdish Prasad Meena (supra) but the District Collector has abdicated his functions as the Chairman of the said Committee and is only completing formality by simply directing the Tehsildar to take appropriate action. 9. In the reply filed by the respondents-alleged contemnors, it has been stated that in compliance of the order passed by this Court, enquiry was got made, large number of encroachers in the Village were identified and when this material was placed before the District Collector, the District Collector directed the Tehsildar to initiate proceedings. He would submit that under the provisions of the Land Revenue Act, the Tehsildar is the competent authority to initiate proceedings for removal of the encroachments under Section 91 of the Land Revenue Act. He submits that proceedings are being initiated in all the cases. In the reply, it has been stated that till filing of the reply, 67 encroachers were already removed and the proceedings for removal of other encroachers are still going on. 10. It appears that when the enquiry was made by the Tehsildar and about 335 persons were found to be encroachers, which led the District Collector to pass the order dated 22.12.2021, large number of persons felt aggrieved by the proceedings drawn by the authorities towards removal of their possession by treating them as encroachers. 200 such persons sought impleadment in this contempt petition. Their case is that all of them are having valid authority of possession on the strength of title documents. Predicament of these newly added respondents-alleged encroachers was that even though this Court has not decided the issue as to whether those 200 persons are encroachers or not, the direction of this Court has been taken as a command to remove these persons without even holding proper enquiry and without affording opportunity of hearing to them. Predicament of these newly added respondents-alleged encroachers was that even though this Court has not decided the issue as to whether those 200 persons are encroachers or not, the direction of this Court has been taken as a command to remove these persons without even holding proper enquiry and without affording opportunity of hearing to them. Therefore, this impelled them to seek impleadment in the present contempt petition and they all have been protected by the interim order. 11. After hearing learned counsel for the parties, we find that as far as the directions issued by this Court regarding initiation of proceedings is concerned, the order dated 22.12.2021 passed by the District Collector reflects that after the order was passed by this Court, enquiry was got made and about 335 persons were found to be encroachers. It further reflects that the Tehsildar informed the District Collector that proceedings under Section 91 of the Land Revenue Act have also been initiated against those persons. On receipt of such report, the District Collector passed a direction for completing the proceedings and removing the encroachments. 12. We must clarify that this Court while disposing off the writ petition filed by Mukesh Mul Chand Ji Purohit did not decide the issue of encroachment. What impelled the Court to entertain the petition allowing indulgence was that there was complaint of inaction on the part of the revenue authorities in not holding enquiry on the complaint made by the various persons including the writ petitioner. The spirit of the order of this Court was that the authorities should take up the matter for enquiry and those who are found to be encroachers be removed. 13. It appears that the revenue authorities made their own enquiry and found about 335 persons as encroachers. 14. The grievance of the newly impleaded respondents (200 in number) before this Court is that they were not afforded any opportunity of hearing, no proper enquiry was made and despite all them being possessed of valid authority of possession, the District Collector has directed their removal within a short period of 7 days in the garb of the order passed by this Court. 15. We must clarify that there is no direction by this Court as such to remove those 200 persons. This Court directed the enquiry to be made and then to remove the encroachers. 15. We must clarify that there is no direction by this Court as such to remove those 200 persons. This Court directed the enquiry to be made and then to remove the encroachers. It goes without saying that whenever a person is going to be adversely affected by any proceeding or order, he is entitled to an opportunity of hearing. However, we are unable to entertain the complaint made by these 200 persons in this contempt petition. If they have any grievance against the proceedings which have been drawn against them and the order passed by the District Collector or the Tehsildar or any other authority, adversely affecting their right to possess any particular property, their remedy lies in approaching the appropriate forum, either by way of appeal or any other remedy, as may be available to them under the law. 16. We find that the proceedings have already been drawn by the revenue authorities since long but still all the encroachments have not been removed. Subject to any protection granted to any of the persons against whom the proceedings have been initiated by the District Collector and Tehsildar, all the encroachments should be removed as early as possible. 17. Before parting with the case, we would observe that considering that there was protection granted to 200 persons who have been impleaded as party respondents in this contempt petition by interim order, the same shall continue for a further period of three weeks from today. 18. The contempt petition is accordingly disposed off with the aforesaid observations and liberty.