IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sabina,Chandra Kumar Songara, JJ.
Om Prakash Meena - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
D. B. Civil Writ Petition (P.I.L.) No. 10065/2021
Decided on : 13-09-2021
Encroachment - Pasture Land - The court directed the petitioner to approach the respondents by filing a detailed representation, who were further required to examine the grievances of the petitioner and take necessary action within three months.
Fact of the Case:
The petitioner filed a public interest litigation regarding illegal encroachment over pasture land. The court directed the petitioner to approach the respondents with a detailed representation for examination of grievances and necessary action within three months.
Finding of the Court:
The court directed the petitioner to approach the respondents for resolution of the matter, disposing of the writ petition and stay application.
Issues: Illegal encroachment over pasture land, failure of respondents to address grievances, and the need for a permanent mechanism for addressing such encroachments.
Ratio Decidendi: The court emphasized the need for a permanent mechanism to address encroachments on pasture land and directed the petitioner to approach the respondents for resolution.
Final Decision: The petitioner was directed to approach the respondents with a detailed representation, and the writ petition and stay application were disposed of.
JUDGMENT
1. Petitioner has filed this public interest litigation in connection with illegal encroachment over pasture land bearing Khasra No. 1217 measuring 15.83 hectares situated at Revenue Village Palanpur, Tehsil Hindaun City, District Karauli.
2. Learned counsel for the petitioner has submitted that this Court vide order dated 01.03.2019 passed in Anand Kumar v. 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 v. 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 v. 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/ representations received in the PLPC
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