[2025:RJ-JD:38318-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 16436/2025 Roshan Lal S/o Hema Ram, Aged About 48 Years, Ro Village And Gram Panchayat Lalasar, Tehsil And District Churu Rajasthan.

(Adhar Card No. 2693-5309-5417)

----Petitioner Versus

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

2. The District Collector, Churu.

3. Sub Division Officer, Churu District Churu.

4. The Tehsildar, Churu, District Churu.

5. Gram Panchayat, Lalalsar Tehsil Churu, District Churu.

Through Its Village Development Officer.

----Respondents For Petitioner(s) : Mr. K.R. Saharan For Respondent(s) : Mr. N.S. Rajpurohit, AAG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

27/08/2025

1. This writ petition has been preferred claiming the following reliefs :-

" A/ The respondent State authorities may kindly be directed to remove the illegal encroachments and construction from the land of Khasra No. 107/687, 1209/634, 1222/514, 1224/521, 1226/600, 434, 461, 462, 486, 487, 491, 492, 495, 497, 498, 512, 513, 558, 559, 632, 633, 640, 646, 673, 687 & 693 situated at Village-Dhaniranwa, Patwar Halka Dudhwakhara, Tehsil Churu District Churu forthwith and further they may kindly be directed to take necessary steps for safe guard of the land in question.

B/ Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner.

C/ Writ Petition filed by the petitioner may kindly be allowed with costs.."

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 taken against the trespassers. The complaints/representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/representationist about the action taken. This would obviate the necessity of such complainants