HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 11898/2021

Hari Ram S/o Shri Ram Sukh, Aged About 40 Years, By Caste

Jat, R/o Village Kosana, Tehsil Pipar City, District Jodhpur,

Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The District Collector,

Collectorate, Jodhpur, Rajasthan.

2.

The Sub-Division Officer, Pipar City, District Jodhpur,

Rajasthan.

3.

The Tehsildar, Pipar City, District Jodhpur, Rajasthan.

4.

Shri Hari Ram S/o Shri Asura, R/o Village Kosana, Tehsil

Pipar City, District Jodhpur, Rajasthan.

5.

Shri Anadaram S/o Shri Amara Ram, R/o Village Kosana,

Tehsil Pipar City, District Jodhpur, Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Vinod Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

08/11/2021

This writ petition is preferred by the petitioner seeking

directions to the respondent-authorities to restrain the private

respondents from encroaching over the land of Khasra No.1233,

recorded in the revenue record as Gair Mumkin Charagah land of

Village Kosana, Tehsil Pipar City, District Jodhpur.

Learned counsel for the petitioner has submitted that the

Tehsildar, Pipar City, Distt. Jodhpur has already passed order to

remove encroachment from the above referred land against the

respondent Nos.4 and 5, however, the authorities concerned have

not acted upon the said order. Learned counsel for the petitioner

has referred to the order and the notices issued by the Tehsildar

(2 of 3)

[CW-11898/2021]

concerned to the private respondents to remove the encroachment

over the land in question.

It is noticed that this Court in DBCWP No.1554/2004 :

Gulab Kothari Vs. State of Rajasthan & Ors. vide order

dated 12.01.2017 already issued directions to the State

authorities to remove the encroachment made on the pasture,

Gair Mumkin Nadi/Nada and Gair Mumkin Rasta (way).

The respondents are under an obligation to remove the

encroachment made on the Agore land keeping in view the

directions issued by this Court in the case of Gulab Kothari

(supra)and the directions/guidelines issued by a Coordinate Bench

at Jaipur in D.B. Civil Writ (PIL) Petition No.10819/2018 :

Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors.

vide order dated 30.01.2019 reads as under: -

“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 head 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 verity 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/representationists

approaching this Court directly by way of public interest

litigation. If this practice is put in place, this Court

would not be inclined to directly entertain such public