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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 4785/2022

1.

Daula Ram S/o Shri Chena Ram, Aged About 45 Years,

Village Gangana, Tehsil Luni, District Jodhpur.

2.

Gopa Ram S/o Shri Lala Ram, Aged About 58 Years,

Village Gangana, Tehsil Luni, District Jodhpur.

----Petitioners

Versus

1.

Stae Of Rajasthan, Through The Principal Secretary,

Department Of Revenue, Government Of Rajasthan,

Secretariat, Jaipur.

2.

The Principal Secretary, Department Of Irrigation And

Water Resources, Rajasthan, Jaipur.

3.

The District Collector, Jodhpur.

4.

The

Jodhpur

Development

Authority,

Through

Commissioner.

5.

Sub Division Officer, Luni, District Jodhpur.

6.

Sub Division Officer, Jodhpur.

7.

Tehsildar, Ludi, District Jodhpur.

8.

Tehsildar, Jodhpur.

9.

The Block Development Officer, Panchayat Samiti, Luni,

District Jodhpur.

10.

The Superintending Engineer (Irrigation), Department Of

Irrigation, Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. G.R Punia, Sr. Advocate with

Mr. Jai Naveen

For Respondent(s)

:

-

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/04/2022

The petitioners have approached this Court by way of this

writ petition (PIL) with the following prayer:-

“by an appropriate writ, order or direction, your

lordships may kindly be directed the respondents

to remove the obstructions from khasra No.564,

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593, 686, 735 and 737 is recorded as ‘gairmumkin

nadi (river). Khasra No.49 is recorded as gair

mumkin nadi (pond), gair mumkin nala (culvert)

bearing khasra no.59, 89, 96, 174, 198, 200, 378,

639 and 666 and Khasra No.1,8,11,14 and 16 are

recorded as gair mumkin pahad and be pleased to

order to protect water-bodies and anicut situated in

village Gangana to serve the very purpose of

harvesting the rain water enabling the subsoil

water to recharge the open-wells and tube-wells in

the area.”

Having heard and considered the submissions advanced by

counsel representing the petitioners and, having gone through the

material available on record, we are of the firm view that the

petitioners have available to them a suitable remedy for

ventilating their grievances by virtue of the Division Bench

Judgment of this Court in the case of Jagdish Prasad Meena &

Ors. Vs. State of Rajasthan & Ors. passed in D.B. Civil Writ

Petition (PIL) No.10819/2018 decided on 30.01.2019

wherein this Court directed as below:-

“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

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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