[2025:RJ-JP:43779]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16105/2025 Indraj Singh Saini S/o Shri Jhabhar Mal Saini, Aged About 67 Years, R/o Kopariyo Ka Kuwan, Village And Post Aduka, Tehsil Surajgarh, Distt. Jhunjhunu (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Secretariate, Jaipur (Raj.)

2. The District Collector Jhunjhunu, Distt. Jhunjhunu (Raj.)

3. The Sub Divisional Officer Surajgarh, Distt. Jhunjhunu (Raj.)

4. The Tehsildar (Land Record) Chirawa, Tehsil Surajgarh, Distt. Jhunjhunu (Raj.)

5. The Superintendent Of Police, Jhunjhunu, Distt.

Jhunjhunu (Raj.)

6. The Station House Officer Police Station Chirawa, Distt.

Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya, through VC) with Mr. Rohit Saini, Adv. &

Mr. Jai Prakash Saini, Adv.

For Respondent(s) : Mr. V.D. Gathala, AGC with Ms. Poonam Rao, Adv.

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

01/11/2025

1. The present petition has been filed on behalf of the petitioner with the following prayer:-

"It is, therefore, respectfully prayed that your Lordships may kindly pleased to call for the entire record of the case, examine the same and allow the writ petition by passing an appropriate writ, order or direction:-

i) by an appropriate writ, order, or direction, the respondents be directed to remove encroachment over the land of Khasra No. 31 recorded as Gair Mumkin Rasta located at Village Aduka, Tehsil Surajgarh, Distt.

Jhunjhunu;

ii) Any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner.

iii) Cost of writ petition may also be awarded in favour of the petitioners."

2. Learned counsel for the petitioner appearing through video conferencing, submits that several complaints/representations have been submitted by the petitioner before the concerned Revenue Authorities including District Collector, Jhunjhunu, who is Chairman of Public Land Protection Cell (hereinafter referred to as 'PLPC') for removal of encroachment from the land in dispute, but no heed has been paid by the concerned Authorities.

3. The issue is in regard with removal of encroachment over the pasture land/land of johad, talab/ river/ river bed/ publicway/ Shamshan/ Kabristan etc. i.e. it means all types of public utility lands was considered by the Division Bench of this Court vide order dated 30.01.2019 passed in case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018]. The Division Bench vide impugned order dated 30.01.2019, directed the State Government to constitute 'PLPC' to deal with the issues in regard with such encroachments and in pursuance thereof, special designated 'PLPC' has been constituted in the rural areas headed by concerned District Collector. It is incumbent for the 'PLPC' to inquire and examine such complaints/representations made with allegations of encroachment over the public utility lands by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such lands. If the allegations of encroachment are found to be sustained, the 'PLPC' may take appropriate steps in accordance with law for removal of encroachments and appropriate panel action be also taken against the trespassers. It was further observed that the complaints/representations received by the 'PLPC', shall be decided by passing a speaking order with due information to the respective complainant about the action taken. Thus, it is for the 'PLPC' to consider the issue and if any, encroachment as alleged by petitioner over the public utility lands is found, appropriate action/steps be taken in that regard.

4. Mr. V.D. Gathala, learned AGC puts in appearance on behalf of the respondents.

5. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to deal with the