[2025:RJ-JD:50052-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 18743/2025 Mahendra Singh Ranawat S/o Shri Vijay Singh Ranawat, Aged About 57 Years, Resident Of Village Beran, Gram Panchayat Kaliwas, Tehsil Delwara, District Rajsamand (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Revenue, Government Of Rajasthan, Jaipur.

2. District Collector, Rajsamand.

3. Sub Divisional Officer, Nathdwara, District Rajsamand.

4. Tehsildar Delwara, District Rajsamand. 5. Superintendent Of Police, Rajsamand.

6. Superintending Engineer, Mining Department, Rajsamand. 7. Sarpanch, Gram Panchayat, Kaliwas, Tehsil Delwara, District Rajsamand (Rajasthan).

----Respondents For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Ms. Aditi Sharma Mr. Harshvardhan Singh HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

19/11/2025

1. This writ petition has been preferred under Article 226 of the Constitution of India claiming the following reliefs:-

"(i) The respondents may kindly be directed to remove the encroachment made on the pasture land, Magari, cremation land and small pond of Khasra no. 35, 36, 37 and 1029/36 of revenue village Beran of Gram Panchayat Kaliwas, Tehsil-Delwara (Rajsamand) immediately.

(ii) The respondents may kindly be further directed that the revenue authorities who discharge their duty as per law, may be directed to remove the encroachments made on the land referred and the stop the illegal excavation from the pasture land of khasra no.35, 36, 37 and 1029/36 of revenue village Beran of Gram Panchayat Kaliwas, Tehsil-Delwara (Rajsamand) immediately from land in quesion.

(iii) Any other appropriate relief which deemed fit in the facts and circumstances of the case may kindly be passed in favour of the petitioner."

2. A Division Bench of this Court in Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No.10819/2018, vide order dated 30.01.2019, has directed creation of Public Land Protection Cell(PLPC) for rural areas in every district;

the relevant portion of the order reads as follows:-

"This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the pasture land/ land of ‘johad’, ‘talab’/ river/river bed/public way/ Shamshan/Kabristan etc. In all such petitions, common allegation is that despite repeated complaints/representations to the concerned revenue officers, no steps are taken by them to remove the encroachment. This results in number of writ petitions being filed by the complainants/representationists before this Court. This Court has been passing orders in such matters requiring the respective District Collectors to examine the factual content of the allegations and take steps to remove the encroachments so as to secure such land.

In order therefore to provide a pan-Rajasthan solution to this ever persisting problem, we deem it appropriate to direct the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. The PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/ Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also t