IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SABINA, MANOJ KUMAR VYAS, JJ.
Jay Prakash S/o Shri Richh Pal – Appellant
Versus
The State of Rajasthan – Respondent
D.B. Civil Writ Petition (PIL) No. 3294 of 2021
Decided on : 16-04-2021
Public Interest Litigation - Illegal encroachments on charagah land - This public interest litigation petition has been filed by petitioner contending that he is resident of Village - Certain residents of that village have made illegal encroachments on charagah land (pond/johad) which has resulted into obstruction of flow of water into village pond/johad and deprived villagers of its use - Held, Instead of directly entertaining this public interest litigation petition, this Court requires the petitioner to approach the respondents by filing a detailed representation along with copy of aforesaid order, who shall examine grievances of the petitioner and do needful within a period of three months from date of filing of the representation - Petitioner is directed to approach Respondent No. 3 by filing a detailed representation along with copy of this order and grievances of the petitioner shall be examined by Respondent No. 3 - Writ petition disposed of.
ORDER :
1. Petitioner has filed this public interest litigation in connection with illegal encroachment over the land entered as gair mumkin johad bearing Khasra No. 1030/260 measuring 23.36 hectares situated at Village Kakoda, Tehsil Surajgarh, District Jhunjhunu.
2. Learned counsel for the petitioner has submitted that this Court vide order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019) has directed the petitioner therein to approach the respondents by filing a detailed representation, who were further required to examine the grievances of the petitioner therein and do the needful within a period of three months from the date of filing of the representation.
3. Order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019) reads as under:
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/ representatio
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