JUDGMENT :

1. Counsel for the petitioner has invoked provisions of Article 226 of the Constitution and filed one Public Interest Litigation. His submission is that political and financially influential residents of Village Paprera, Tehsil Kumher, District Bharatpur have raised certain constructions and encroached over the 'Gair Mumkin Rasta'. Because of the said reason, the life of the residents and public at large has become difficult. Counsel for the petitioner has drawn our attention to a co-ordinate Bench decision of this Court in the case of Jagdish Prasad Meena and Ors. v. State of Rajasthan and others DBCWP No. 10819/2018 dated 30/01/2019, wherein it has been observed as under:-

"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 the same must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. The said scheme should provide for the speedy eviction of such illegal occupants, after giving them a show cause notice and a brief hearing. It was further held therein that long duration of the illegal encroachment/occupation of land or huge expenditure in making construction thereon or political connections of trespassers are no justification for regularising such illegal occupation. Regularisation should be permitted only in exceptional cases where lease has been granted under some government notification e.g. to landless labourers or members of Scheduled Castes/Scheduled Tribes or where there is already a school, hospital, dispensary, 'shamshan', 'kabristan' or other public utility of the like nature on the land."

2. Counsel for the petitioner further submits that respondent No. 7-Sarpanch, Gram Panchayat, Paprera, Tehsil Kumher Distt. Bharatpur has initiated the construction work of some roads in the village but the said roads cannot be built on the disputed area wherein encroachments are constructed or planned to be constructed.

3. In the light of above submissions and in the light of coordinate bench judgment delivered in Jagdish Prasad (supra), we direct that respondent No. 2 will consider the representation of the petitioner within a period of six months from the date of receipt of the copy of this order and consider the matter on its own facts and in accordance with law and thereafter pass a reasoned and speaking order.

4. In the light of the above the Public Interest Petition is disposed of.