HIGH COURT of JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Civil Writ Petition No. 12290/2021

Popat Lal S/o Late Sh. Tarachand Ranawat, aged about 55 Years,

Resident of VPO Rawalo Ka Baas, Bijowa, Panchayat Samiti Rani,

District Pali (Raj.).

----Petitioner

Versus

1.

State of Rajasthan through Secretary, Department of

Revenue, Government of Rajasthan, Secretariat, Jaipur

(Raj.).

2.

The District Collector (Revenue), Pali (Raj.).

3.

The Sub Divisional Officer, Rani, District Pali (Raj.).

4.

Tehsildar (Revenue), Rani, District Pali (Raj.).

5.

Sarpanch, Gram Panchayat Bijowa, Panchayat Samiti,

Rani, District Pali (Raj.).

----Respondents

For Petitioner(s)

:

Mr. V.R. Choudhary.

HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

07/09/2021

This writ petition is preferred by the petitioner seeking

directions to the respondents to remove encroachments made

over the land comprising Khasra Nos.115, 1294, 1336/1673,

1338, 1341, 1404, 1595 and 40 recorded in the revenue record as

‘Gochar Land’ and ‘Gair Mumkin Nadi/Nada (Khadda)’ and land

comprising Khasra Nos.495, 707, 1257 recorded in the revenue

record as ‘Gair Mumkin Rasta (way) and land comprising Khasra

No.1448 recorded in the revenue record as Gair Mumkin Charagah

(2 of 3)

[CW-12290/2021]

land of Village Bijowa, Panchayat Samiti- Rani, Tehsil Rani, District

Pali.

Learned counsel appearing for the petitioner submits that

despite representations dated 01.07.2021, 06.08.2021 and

24.08.2021 being made time and again, the respondents have not

taken any steps for removal of the encroachment made, as

aforesaid.

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,

(3 of 3)

[CW-12290/2021]

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 en