HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA,
SUNIL BENIWAL
BHAGIRATH – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 4447 / 2026
[2026:RJ-JD:11694-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 4447/2026 Bhagirath S/o Dungar Ram, Aged About 66 Years, R/o 162, Near Patwar Bhawan, Nakrasar, Tehsil And District Churu (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Its Secretary, Department Of Revenue, Government Secretariat, Rajasthan, Jaipur.
2. The District Collector, Churu.
3. The Sub Divisional Officer, Churu, District Churu.
4. The Tehsildar, Churu, District Churu.
5. Gram Panchayat Nakrasar, Panchayat Samiti Churu, District Churu Through Its Sarpanch.
6. Gopalram S/o Budharam, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
7. Chetanram S/o Nathuram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
8. Lichharam S/o Dewaram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
9. Chunnaram, Village Nakrasar Tehsil Churu Dist Churu
10. Tejpal S/o Bhebharam, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
11. Kumaram S/o Rawatram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
12. Mohar Singh S/o Hadmanaram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
13. Damaram S/o Bhanwar Ram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
14. Sanwarmal S/o Sohanlal, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
15. Mahaveer Prasad S/o Ram Gopal, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
16. Neerana S/o Tikuram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
17. Gogaram S/o Tikuram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
18. Rameshwar S/o Khiwaram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
19. Dolaram S/o Bhuganram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
20. Kurda Ram S/o Goduram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
21. Sohan Lal S/o Lichharam, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
22. Kishanlal S/o Heera Ram, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
23. Niran S/o Suparam, Resident Of Village Nakrasar, Tehsil Churu, District Churu.
----Respondents For Petitioner(s) : Mr. Mahendra Singh Gurjar For Respondent(s) : Mr. N.A. Rajpurohit, AAG HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SUNIL BENIWAL
Order(Oral)
12/03/2026 Per : Arun Monga, J
1. Petitioner, claiming himself to be a vigilant citizen and a publicly spirited person, has approached this Court by way of instant Public Interest Litigation seeking following relief:-
“It is, therefore, most humbly and respectfully prayed that this Writ Petition may kindly be allowed and by an appropriate writ, order or direction:-
(i) The impugned action of the private respondents No.6 to 23 while making encroachment upon the land falling in Khasra No.582/224, Village Nakrasar, Patwar Halka Nakrasar, Tehsil Churu, District Churu which is a Gair Mumkin Gochar land, and the impugned action of the respondent authorities while not removing the said encroachment, may kindly be declared illegal, arbitrary, unjust and so also violative of provisions of Constitution of India as well as Rajasthan Land Revenue Act.
(ii) the respondent authorities may kindly be directed to remove the illegal encroachment from the land falling in Khasra No.582/224, Village Nakrasar, Patwar Halka Nakrasar, Tehsil Churu, District Churu and the private respondents may kindly be dispossessed from the land in question.”
2. It is pertinent to note that vide a Division Bench judgment of this Court rendered in Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors.1 Public Land Protection Cell (PLPC) for rural areas
1 CWP (PIL) No.10819/2018 in every district was directed to be set up. The relevant portion thereof reads as under:-
"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/ Shams
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