JUDGMENT : Pankaj Bhandari, J. 1. Petitioner- Shankar Lal has filed D.B. PIL Petition No.14483/2019 alleging that respondent No.4 is encroaching upon Khasra Nos.2145, 2064, 2148 & 2191 situated in village- Anwan, Tehsil Duni, District Tonk as ghair-mumkin pahad forest land and for removal of the encroachment. Petitioner- Shri Shantinath Digamber Jain Atishay Shetra has filed S.B. CWP No.17/2022 with a prayer that Khasra Nos.2145, 2064, 2148 & 2191 situated in village- Anwan, Tehsil Duni, District Tonk be regularized in their favour. 2. Since both the petitions i.e. DB PIL Petition No.14483/2019 and SB Civil Writ Petition No.17/22 pertain to Khasra Nos.2145, 2064, 2148 & 2191, directions were given to list S.B. CWP No.17/22 alongwith D.B. PIL Petition No.14483/2019. With the consent of learned counsels for the parties, both the petitions were heard. 3. Succinctly stated the facts of the case are that petitioner- Shankar Lal has filed DB PIL Petition No.14483/2019 alleging that respondent No.4 is encroaching upon Khasra Nos.2145, 2064, 2148 & 2191 which is ghair-mumkin pahad and are belonging to the Forest Department. The revenue record has also been annexed with the PIL where the land has been shown as ghair-mumkin pahad and belonging to the Forest Department. Petitioner and other villagers gave various representations to the Collector for removing the encroachment, but no heed was paid to their representations, whereupon, DB PIL Petition No.14483/2019 was filed. In reply to the petition, Forest Department has stated that action was taken against respondent No.4 for encroaching upon various lands and for using the same for non-forest purpose, for which, an FIR was also lodged against the respondent and penalty was imposed. 4. Respondent No.4 in their reply has stated that the statues of Lord Mahaveer Swamy and Lord Parshwanath were found beneathing the land and since the statues were around 200-300 years old as per scriptures tenets at Jain Community, such statues are to be protected and conserved at the same place by raising construction because such places are holy places and are termed as ‘Atishaya’. It is also pleaded in the reply that the disputed khasra numbers are not forest land and no notification has been issued by the State Government declaring them as forest land. It is also stated that respondent No.4 has applied to the Forest Department as well as the Collector for allotment/requisition of the disputed khasras. 5. It is also pleaded in the reply that the disputed khasra numbers are not forest land and no notification has been issued by the State Government declaring them as forest land. It is also stated that respondent No.4 has applied to the Forest Department as well as the Collector for allotment/requisition of the disputed khasras. 5. It is contended by counsel for the petitioner in DB PIL Petition No.14483/2019 that respondent No.4 has no right to make encroachment of ghair-mumkin pahad without seeking approval of the Forest Department which was entered in the revenue record as land belonging to the Forest Department. It is contended that as per the reply submitted by respondent No.4, it is evident that the disputed numbers have not been allowed in favour of respondent No.4 and they are the encroachers. It is also contended that as per the reply of the Forest Department also, penalty was imposed upon respondent No.4 and even an FIR was lodged against them. Thus, admittedly, respondent No.4 are the encroachers of the land belonging to the Forest Department and the encroachment is required to be removed. 6. It is also contended that adjacent to the disputed khasra numbers, respondent No.4 is in possession of many khasra numbers and they are just trying to encroach upon the adjoining ghair mumkin pahad forest land without any authority of law or permission from the concerned department. It is further contended that the petitioner filed the PIL Petition on 26.08.2019 and even though respondent No.4 was aware of the pendency of the PIL Petition as they were a party to the petition, they have concealed this fact and filed SB Civil Writ Petition No.17/2022 on 15.12.2021 without mentioning the fact that a PIL with regard to the disputed khasra numbers is already pending. It is contended that the writ petition filed by Shri Shantinath Digamber Jain Atishay Shetra deserves to be dismissed on this ground alone. It is also required to be dismissed as Shri Shantinath Digamber Jain Atishay Shetra has no right to encroach upon ghair-mumkin pahad which is entered in the revenue record as forest land. 7. Counsel for Shri Shantinath Digamber Jain Atishay Shetra has opposed the petition. It is also required to be dismissed as Shri Shantinath Digamber Jain Atishay Shetra has no right to encroach upon ghair-mumkin pahad which is entered in the revenue record as forest land. 7. Counsel for Shri Shantinath Digamber Jain Atishay Shetra has opposed the petition. It is contended before the Court that religious feelings should be taken note of by the Court, more particularly, when the idols of Lord Mahaveer Swamy and Lord Parshwanath were discovered upon digging of the mountain. It is contended that there is no notification issued declaring the disputed khasras as forest land. It is also contended that they have applied to the Collector for allotment/regularisation of the disputed khasra numbers. It is also contended that Shri Shantinath Digamber Jain Atishay Shetra earlier filed a writ petition bearing No.1528/2021, wherein the fact of filing of the PIL petition was mentioned. The said writ petition was disposed of by the Court and Tehsildar, Duni District Tonk was directed to immediately respond to the Collector’s letter dated 21.07.2020 and Collector, Tonk was at liberty to proceed thereafter on the application of the petitioner in accordance with law. It is also contended that in the Civil Writ Petition No.1528/2021, petitioner had claim requisition of the disputed khasra numbers and Collector had written to the Tehsildar vide communication dated 21.07.2020 to act upon the representations given by Shri Shantinath Digamber Jain Atishay Shetra. 8. It is contended that petitioner in Writ Petition No.17/2022 has not concealed any material fact and since statues have been recovered from the disputed khasra numbers by digging of the mountains as per religious tenets temple is to be constructed at the same place. 9. We have considered the contentions. 10. The fact which is emerging out of the pleadings and the arguments advanced by counsel for the parties is that khasra numbers- 2145, 2064, 2148 & 2191 does not belong to respondent No.4. As per the revenue records, it is registered as ghair mumkin pahad in the possession of the Forest Department and as per the reply of the Forest Department, these khasra numbers belonged to them. Whether the same belongs to the Forest Department or not would not make any difference as admittedly, these khasra numbers are part of the ghair mumkin pahad and respondent No.4 has no right to encroach upon the same. 11. Whether the same belongs to the Forest Department or not would not make any difference as admittedly, these khasra numbers are part of the ghair mumkin pahad and respondent No.4 has no right to encroach upon the same. 11. The contention of counsel for the respondent No.4 that while digging on these mountains, idols of Lord Mahaveer Swamy and Lord Parshwanath were unearthed does not appeal to the Court for the very reason that since these mountains were not belonging to respondent No.4, there is no justification as to how they went upon these mountains and under whose authority did they dig these mountains which are in the name of Forest Department. The fact that respondent No.4 initially applied to the Forest Department for allotment of these ghair mumkin pahad goes to show that respondent No.4 were aware that these ghair mumkin pahad are belonging to the Forest Department, however, later on, they applied to the Collector for allotment/regularization of these ghair mumkin pahad. From perusal of reply of respondent No.4, it is evident that they are in possession of many hectares of adjoining land and they have encroached upon the ghair mumkin pahad without any authority of law. 12. Petitioner- Shankar Lal filed D.B. PIL Petition on 26.08.2019 and S.B. Civil Writ Petition is filed on 15.12.2021 by Shri Shantinath Digamber Jain Atishay Shetra. Even if they had made an assertion in the earlier writ petition bearing No.1528/2021 about the pendency of the PIL, still it was the bounden duty of the petitioners in Writ Petition No.17/2022 to disclose about the pendency of the PIL petition, wherein there was a prayer for removal of the encroachment. Petitioner- Shri Shantinath Digamber Jain Atishay Shetra are encroachers as they have admitted moving an application before the Forest Department and thereafter, before the Collector for regularization of their possession. Since they have not sought any permission from the Forest Department or the Collector before entering into the possession of the ghair mumkin pahad, they have no right to continue in possession of ghair mumkin pahad. 13. Consequently, D.B. PIL Petition No.14483/2019 filed by the petitioner- Shankar Lal deserves to be and is accordingly, allowed. Respondent- State is directed to remove the encroachment and handover the property to the Forest Department. 14. 13. Consequently, D.B. PIL Petition No.14483/2019 filed by the petitioner- Shankar Lal deserves to be and is accordingly, allowed. Respondent- State is directed to remove the encroachment and handover the property to the Forest Department. 14. We hold that no encroachment can be permitted upon the Government land, more particularly upon the forest land on the ground of religious feelings. Shri Shantinath Digamber Jain Atishay Shetra has not even mentioned the day on which idols were unearthed, the particular khasra numbers from where the idols were unearthed and have tried to build the case on religious sentiments. They have not taken any permission from the Forest Department or the Government before entering upon the ghair mumkin pahad and before digging the mountains. The theory of unearthing of idols on the pretext of religious tenets do not find favour with the Court. S.B. Civil Writ Petition No. 17/2022 filed by Shri Shantinath Digamber Jain Atishay Shetra deserves to be dismissed also on account that they have not disclosed about the pendency of the PIL petition. It also deserves to be dismissed on the ground that petitioners have encroached upon forest land without valid permission. Hence, S.B. Civil Writ Petition No.17/2022 filed by Shri Shantinath Digamber Jain Atishay Shetra is dismissed with cost of Rs.5 lac, out of which, cost of Rs.2 lac should be paid to petitioner- Shankar Lal in D.B. PIL petition No.14483/2019 who has brought into limelight the illegal encroachment made by Shri Shantinath Digamber Jain Atishay Shetra within a period of four weeks and the remaining cost of Rs.3 lac is to be deposited with the Rajasthan State Legal Services Authority, Jaipur within a period of four weeks. 15. On non-deposition of cost within four weeks, Rajasthan State Legal Services Authority as well as petitioner- Shankar Lal are permitted to bring it to the notice of the Court by moving an appropriate application. 16. All pending applications stand disposed.