HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 7069/2022

1.

Rameshwar Lal Jat S/o Bhagwan Lal Jat, Aged About 40

Years, R/o Village Bhagal, Gram Panchayat Potala, Tehsil

Bhadesar, Chittogarh, Rajasthan.

2.

Prakash Chandra Suthar S/o Lakshmi Lal Jat, Aged About

25 Years, R/o Village Bhagal, Gram Panchayat Potala,

Tehsil Bhadesar, Chittogarh, Rajasthan.

3.

Suresh Chandra Prajapat S/o Hajari Lal Jat, Aged About

31 Years, R/o Village Bhagal, Gram Panchayat Potala,

Tehsil Bhadesar, Chittogarh, Rajasthan.

4.

Shyam Lal S/o Kishan Lal, Aged About 25 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

5.

Puran Mal Meghwal S/o Goverdhan Lal Meghwal, Aged

About 25 Years, R/o Village Bhagal, Gram Panchayat

Potala, Tehsil Bhadesar, Chittogarh, Rajasthan.

6.

Prakash Chandra Jat S/o Uday Lal Jat, Aged About 34

Years, R/o Village Bhagal, Gram Panchayat Potala, Tehsil

Bhadesar, Chittogarh, Rajasthan.

7.

Shanker Jat S/o Mathra Lal, Aged About 32 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

8.

Rameshwar Lal S/o Kishan Lal, Aged About 37 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

9.

Kalu Singh S/o Laxman Singh, Aged About 49 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

10.

Rameshwar Lal S/o Uday Lal Jat, Aged About 36 Years, R/

o Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

11.

Ganpat Singh S/o Pratap Singh, Aged About 37 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

12.

Kalu Ram Jat S/o Narayan Ji, Aged About 33 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

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[CW-7069/2022]

13.

Kalu Lal S/o Udai Lal Prajapat, Aged About 27 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

14.

Mangi Lal S/o Pratbhut Kumar, Aged About 58 Years, R/o

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar,

Chittogarh, Rajasthan.

----Petitioners

Versus

1.

The State of Rajasthan, through Principal Secretary,

Revenue Department, Government Of Rajasthan, Jaipur

2.

The District Collector, Chittorgarh.

3.

The Tehsildar, Bhadesar, District Chittorgarh.

4.

The Sub Divisional Officer, District Chittorgarh.

5.

The Gram Panchayat, Village Bhagal, Gram Panchayat

Potala, Tehsil Bhadesar, District Chittorgarh.

----Respondents

For Petitioner(s)

:

Mr. Rishabh Tayal

Mr. Jitendra Choudhary

For Respondent(s)

:

Mr. Sunil Beniwal, AAG

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

19/05/2022

Heard.

Mr. Sunil Beniwal, learned AAG, who usually represents the

Department is present.

The grievance in this public interest litigation relates to non-

removal of encroachment made over the Khata No.32 situated in

Village Bhagal, Gram Panchayat Potala, Tehsil Bhadesar, District

Chittorgarh, which has been registered in the name of the State

Government. Previously complaints have been made to the

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[CW-7069/2022]

revenue authorities including the concerned District Collector but

no action has been taken.

As per order of this Court dated 30.01.2019 in the case of

Jagdish Prasad Meena Vs. State of Rajasthan & Ors. [D.B.

Civil Writ Petition (PIL) No.10819/2018], these issues are

required to be first examined by the PLPC, which we are informed,

have been constituted in the Districts. For such purpose, this

petition may be treated as the complaint of the petitioners. The

authority may take a decision as found necessary on the basis of

materials on record preferably within a period of four months from

the date of receipt of copy of this order.

It is however made clear that this Court has not expressed

any opinion on the merits of the case. In the enquiry on

comp