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2018 Supreme(Raj) 196
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
G. R. MOOLCHANDANI, PRADEEP NANDRAJOG, JJ.
Jagdish Prasad Jat Son of Late Shri Nanag Ram Jat, by Caste Jat - Petitioner
Versus
State of Rajasthan Through Its Chief Secretary, Government of Rajasthan, Govt. Secretariat, Jaipur (Raj.) - Respondent
D.B. Civil Writ Petition No. 1654 of 2018
Decided On : 24-01-2018
For the Petitioner: Mr. Om Prakash Kharra
Headnote:
Encroachment - Gochar land - The court directed the District Collector to treat the writ petition as a representation and take necessary action against encroachment on Gochar land.
Fact of the Case:
The petitioner raised a grievance regarding the encroachment on Gochar land and sought cognizance of the notice by the District Collector.
Finding of the Court:
The court disposed of the petition by directing the District Collector to treat the writ petition as a representation and take necessary action against the encroachment. The petitioner was instructed to obtain a certified copy of the decision and submit it to the District Collector.
Issues: Encroachment on Gochar land, failure to take cognizance of the notice by the District Collector.
Ratio Decidendi: The court emphasized the importance of addressing encroachments on Gochar land and directed the District Collector to take necessary action as per law.
Final Decision: The final decision was to dispose of the petition by directing the District Collector to treat the writ petition as a representation and take necessary action against the encroachment on Gochar land.
1. Grievance of the petitioner is that cognizance of the notice (Annexure-2) is not being taken by the District Collector. As per the petitioner there is an encroachment on Gochar land comprised in Khasra No.1792, Village Singod Khurd. Jamabandi (Annexure-1) would show that the land comprised in Khasra No.1792 is Charagah land.
2. We dispose of the petition directing the District Collector, Jaipur to treat the writ petition as a representation to him and take necessary action. If encroachment is found action as per law against the encroachee would be taken. The petitioner shall obtain a certified copy of the present decision and along with the writ petition and the annexures submit the same in the Office of the District Collector, Jaipur, who shall then comply with the mandamus issued.
