Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR, HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
UMED KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order
This Writ Petition styled as Public Interest Litigation has been filed with the grievance that some persons have encroached upon the land comprised under khasra nos.239, 257, 259, 260, 373, 384, 385 and 584/452 situated in village Marthva, tehsil Chitalwana District Jalore.
2. Precisely speaking, the petitioners have made the following prayers :-
“It is, therefore, humbly prayed that this Hon’ble Court may kindly be pleased to allow this Public Interest Litigation and by an appropriate writ, order or direction;
I) The respondents may kindly be directed to remove encroachment on Khasra no.239, 257, 259, 260, 373, 384, 385, 584/452 all land of these khasras, entry in the revenue record as Gochar (paster Land) situated in village Marthva, Tehsil Chitalwana, District Jalore, Rajasthan;
ii) By an appropriate writ, order or direction, the respondents may kindly be directed to ensure the existence of Gochar and Posture land in land in question as originally envisaged and not to reduce its area by way illegal constructed various house and cultivation upon the land of Khasra no.239, 257, 259, 260, 373, 384, 385, 584/452 all land of these khasras, entry in the revenue record as Gochar (past
Encroachment on Gochar land can be challenged through a petition under Section 91 of the Rajasthan Tenancy Act, allowing for restoration of land rights.
The establishment of a Public Land Protection Cell is essential for addressing illegal encroachments on public land effectively.
The court emphasized the need for a permanent mechanism to address encroachments on pasture land and directed the petitioner to approach the respondents for resolution.
Encroachment disputes should be resolved in appropriate legal forums, and the court cannot adjudicate on factual disputes in a PIL context.
The court reinforced the necessity of a designated mechanism for addressing public land encroachments, ensuring administrative action before judicial intervention.
The importance of filing a detailed representation and the obligation of the respondents to examine and address grievances within a specified period.
The court emphasized the need for a permanent mechanism to address encroachments over pasture land and directed the Chief Secretary of the State to devise a mechanism for lodging complaints with a de....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
