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2022 Supreme(Raj) 247

AKIL KURESHI, SAMEER JAIN
Mohan S/o Shri Ghamandi – Appellant
Versus
State Of Rajasthan, Through The Chief Secretary, Public Works Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jagmohan Bhardwaj on behalf of Mukesh Pal Jadoun

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 fo

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