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2025 Supreme(Raj) 95

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
Bhanwar Lal - Appellant
Versus
THE State of Rajasthan - Respondent
CW / 18321 / 2024
Decided On : 06-03-2025

Advocates:
Advocate Appeared:
Mr. D.K. Godara, Adv.

Court directed petitioners to submit representation to Public Land Protection Cell for addressing land encroachments, emphasizing procedural compliance.

Headnote:

(A) Writ Petition (PIL) - Directions issued to protect government lands from encroachment - Petitioners sought to ensure that specific lands remain designated for public use and requested action against encroachers - Court directed petitioners to submit representation to Public Land Protection Cell (PLPC) for consideration - PLPC to conduct a thorough enquiry and decide within three months. (Paras 2, 3, 4)

(B) Public Interest Litigation (PIL) - The court emphasized the importance of local governance and the role of PLPC in safeguarding public lands and addressing encroachments. (Paras 2, 4)

Facts of the case:
The petitioners sought protection of various khasra lands in Village Mandal Jodha from encroachment and requested immediate action against encroachers and erring officials. (Para 1)

Findings of Court:
The court disposed of the writ petition directing the petitioners to submit a representation to the PLPC, which must decide the matter within three months. (Para 4)

Issues: The main issues included the protection of government lands from encroachment and the procedural steps for addressing the grievances of the petitioners. (Para 1)

Ratio Decidendi: The court ruled that the petitioners must follow the established procedure to seek relief through the PLPC, ensuring that local governance mechanisms are utilized for addressing land encroachments. (Para 4)

Result: Writ petition disposed of.

ORDER :

The present Writ Petition (PIL) has been preferred claiming the following reliefs:

“i. The respondents may kindly be directed to protect the lands comprising khasra Nos.110, 277, 299, 342 & 397 Total Rakba 5.83 hectares (Gair Mumkin Raasta); Khasra No.292 Rakba 4.43 hectares, Gair Mumkin Shamshaan and khasra No.393 Rakba 2.17 hectare Gair Mumkin Gochar land; all situated in Village Mandal Jodha, Tehsil Degana, District Nagaur.

ii. The respondents may kindly be directed to ensure that the land in question may not be put to any use other than, as Government Lands.

iii. The respondents may kindly be directed to take immediate action against the encroachers concerned involved in the encroachments over the lands in question, and also appropriate action may kindly be directed to be taken against the erring officials and the encroachments already made over the land in question may kindly be directed to be removed immediately.

iv. The respondents may kindly be directed to ensure safety and security of the local residents of the Village in question and to save them and their families from any further threats at the hands of the encroachers.

v. Any other appropriate relief (s) which this Hon'ble Court deems just and proper in the facts and circumstances of the case may be passed in favour of the petitioners;

vi. Writ petition of the petitioners may kindly be allowed with costs.”

2. The learned counsel for the petitioners makes a limited prayer that the petitioners may be permitted to submit a detailed representation before the Public Land Protection Cell (PLPC). The learned counsel further submits that PLPC may be directed to consider and decide the representation of the petitioners.

3. The Co-ordinate Bench of this Court vide its order dated 30th January 2019 in D.B. Civil Writ Petition (PIL) No.10819 of 2018 titled “Jagdish Prasad Meena & Ors. v. State of Rajasthan & Ors.” has issued the following directions:

“Thus, the petitioners are relegated to submit a representation to the District Collector concerned, who shall assign the matter to the PLPC constituted under the directions of this Court.

The PLPC shall have a thorough enquiry conducted into there presentation of the petitioners in light of the directions given by this Court in the case of Jagdish Prasad Meena (Supra) and decide the same within a period of ‘six months’ from the date of submission thereof.

In case, any adverse order is passed, the petitioners shall be at liberty to challenge the same as per law. The writ petition is disposed of in the above terms.”

4. In view of the limited prayer made on behalf of the petitioners, the present Writ Petition is disposed of in light of the directions contained in the case of “Jagdish Prasad Meena” (Supra). The petitioners shall submit their detailed representation before the PLPC, District Nagaur and PLPC shall consider and decide the same within a period of three months from the date of receiving the representation along with the certified copy of this order in accordance with law, after hearing the affected parties.

5. D.B. Civil Writ Petition No. 18321 of 2024 is disposed of.

6. All pending applications, if any, also stand disposed of.

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