IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, VINOD KUMAR BHARWANI, JJ.
Jawan Singh Rao S/o. Ratan Singh and Ors. - Appellants
Versus
State of Rajasthan, Through The District Collector, Sirohi and Ors. - Respondents
D.B. Civil Writ Petition No. 481 of 2022
Decided On : 18-01-2022
Constitution of India, 1950 – Article 226 – PIL - directions to remove encroachment - Petitioners have approached this Court by way of this writ petition (PIL) with following prayers respondents specially Public Land Protection Cell, may kindly be directed to accept representation from petitioner and villagers and to take immediate action on it and make efforts to release land of public Nadi from person made encroachment private respondent and again restore back position of land to its original status and recorded in revenue record and also stopped raising of construction of house said land - Hon'ble Court may please pass directions to remove encroachment raised by way of pucca construction made over land of public Nadi part – Held, petitioners are relegated to submit a representation to District Collector concerned, who shall assign matter to PLPC constituted under directions of this Court - PLPC shall have a thorough enquiry conducted into representation of petitioners in light of directions given by this Court and decide same within a period of three months from date of submission thereof - In case, any adverse order is passed, petitioners shall be at liberty to challenge the same as per law - Writ petition is disposed of.
ORDER :
1. The petitioners have approached this Court by way of this writ petition (PIL) with the following prayers:-
(b) The Hon'ble Court may please pass the directions to remove the encroachment raised by way of pucca construction made over the land of public Nadi part of Khasra No. 1866 measuring 2.14 Bigha"
2. Having heard and considered the submissions advanced at Bar and having gone through the material available on record, we are of the firm view that the petitioners have available to them a suitable remedy for ventilating their grievances by virtue of the Division Bench Judgment of this Court in the case of Jagdish Prasad Meena & Ors. v. State of Rajasthan & Ors. passed in D.B. Civil Writ Petition (PIL) No.10819/2018 decided on 30.01.2019 wherein this Court directed as below:-
In order therefore to provide a pan-Rajasthan solution to this ever persisting problem, we deem it appropriate to direct 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. 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 should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. This would obviate the necessity of such complainants/representationists approaching this Court directly by way of public interest litigation. If this practice is put in place, this Court would not be inclined to directly entertain such public interest litigation or would do so only in the event of inaction on the part of the concerned PLPC. The PLPC aforementioned shall also keep in view the guidelines issued by the Supreme Court in Jagpal Singh & Others v. State of Punjab & Others, (2011) 11 SCC 396 wherein all the State Governments of the country were directed that they should prepare schemes for eviction of illegal/unauthorised occupants of the Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and
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