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PUSHPENDRA SINGH BHATI
Bherdaan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. This writ petition has been preferred claiming the following reliefs:
"by an appropriate writ, order or direction, the Enquiry report dated 16.3.2010 (Ann.14) submitted by respondent No. 2, order dated 30.3.2010 (Ann.15) passed by the District Collector, Sri Ganganagar qua the applicants' plots and notices dated 22.4.2010 (Ann.16 and Ann.17) issued by the respondent No. 3 may kindly be declared illegal and be quashed and set aside."
3. Brief facts of this case, as revealed from the record of the case, are that on 20.08.2009, one Vijay Kumar submitted an application/complaint before the District Collector, Sriganganagar seeking a direction for removal of the illegal encroachments from Chak 6 SPM, Tehsil Sardulshahar, District Sriganganagar. Also vide letter dated 07.09.2009, the matter was forwarded by the Government of Rajasthan, Revenue (Colonization) Department, Jaipur to the District Collector, Sriganganagar, for taking the necessary action in
Encroachers have no right to hold the land, and the authorities can take action to remove encroachments based on due procedure and inquiry.
The legality of the enquiry and the order for removal of encroachments was upheld based on evidence of illegal encroachments and manipulated allotments beyond permissible limits.
The main legal point established in the judgment is the requirement for the petitioners to submit relevant documents to establish their entitlement to the land in question under Section 105 of the Gu....
Courts may direct public authorities to conduct survey and remove confirmed encroachments under the Tamil Nadu Land Encroachment Act.
State authorities are mandated to verify allegations of encroachment on public land through a survey and, if established, perform the removal strictly by due process of law within a specified timefra....
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