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2022 Supreme(Raj) 2027

AKIL KURESHI, SUDESH BANSAL
Paras Kumar Jain – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Pallavi Mehta, Advocate

JUDGMENT

Sudesh Bansal, J. - The petitioner, by way of instant public interest petition has raised an issue for removal of encroachment over the land of Khasra No.392 and 394 situated in Village Jhag, Tehsil Mozmabad, District Jaipur alleging the nature of land to be of 'Talai'/water body and 'Bagichi'/public garden.

2. Counsel for petitioner submits that several complaints/ representations have been made before the concerned Revenue authorities including the District Collector for seeking removal of encroachment over the lands of public utility but the concerned authorities have not taken into consideration the grievances of petitioner and neither his complaint/ representation has been decided nor encroachment have been removed. Hence, the petitioner is constrained to approach this Court against the inaction of respondents-authorities.

3. The issue with regard to removal of encroachment over the pasture land/ land of johad, talab/ river/ river bed/ public way/ Shamshan/ Kabristan etc. it means all type of public utility lands was considered by the Co-ordinate Bench of this Court in case of Jagdish Prasad Meena and Others Vs. State of Rajasthan and Others : DBCWP No.10819/2018 dated 3

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