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HIGH COURT OF RAJASTHAN
AKIL KURESHI
RAJASTHAN MARUDHARA GRAMIN BANK – Appellant
Versus
THE APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT – Respondent
SAW/630/2020
LAND ENCROACHMENT - CHARAGAH LAND - REGULARIZATION - NOT PERMITTED
Fact of the Case:
The petitioner encroached upon government land designated as 'Charagah Bila Drakhtan' (grazing land without trees). The Assistant Collector Grade-I declared the petitioner a trespasser and ordered the removal of the encroachment. The petitioner's appeals to the Collector, Divisional Commissioner, and Financial Commissioner (Appeals) were dismissed.
Finding of the Court:
The court held that the petitioner's encroachment on the Charagah land was illegal and could not be regularized. The court cited the Supreme Court's ruling in Jagpal Singh and others Versus State of Punjab and others, which prohibits the encroachment and regularization of Charagah land.
Issues: Whether the petitioner's encroachment on Charagah land could be regularized.
Ratio Decidendi: The court relied on the principle established in Jagpal Singh and others Versus State of Punjab and others, which holds that encroachment on Charagah land is illegal and cannot be regularized.
Final Decision: The court dismissed the writ petition and directed the petitioner to vacate the encroached land within three months. The court also allowed the petitioner to approach the Tehsildar for an extension of time to vacate the premises.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 561/2020
Rajasthan Marudhara Gramin Bank Jodhpur, Through Its
Chairman, Head Office Tulsi Tower, 9Th B Road, Sardarpura,
Jodhpur.
----Appellant
Versus
1.
The Appellate Authority Under Payment Of Gratuity Act
1972, And The Deputy Chief Labour Commissioner
(Central), Ajmer (Raj.)
2.
Controlling Authority Under Payment Of Gratuity Act,
1972, And Assistant Labour Commissioner (Central),
Ajmer (Raj.).
3.
Shri Shri Krishna Kinkar Das S/o Shri Ram Chander Das,
Through General Secretary, Gramin Bank, Pensioners
Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 503/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant
Versus
Kheem Singh Rathore S/o Shri Sohan Singh Rathore, Through
General Secretary, Gramin Bank Pensioners Samity, 248, Jay
Nagar, Ramdev Road, Pali (Raj.)
----Respondent
D.B. Spl. Appl. Writ No. 519/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant
Versus
Lalita Devi Sharma W/o Late Shri Amritlal Sharma, Through
General Secretary, Gramin Bank Pensioners Samity, 248, Jay
Nagar, Ramdev Road, Pali (Raj.).
(2 of 70)
[SAW-561/2020]
----Respondent
D.B. Spl. Appl. Writ No. 520/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant
Versus
Sudhir Kumar Juneja S/o Shri Amarnath Juneja, Through General
Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar,
Ramdev Road, Pali (Raj.).
----Respondent
D.B. Spl. Appl. Writ No. 523/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant
Versus
Rajendra Singh Rathore, Through General Secretary, Gramin
Bank Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali
(Raj.).
----Respondent
D.B. Spl. Appl. Writ No. 526/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan,
342003.
----Appellant
Versus
Sanwar Lal Gaur, Through General Secretary, Gramin Bank
Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.)
----Respondent
D.B. Spl. Appl. Writ No. 527/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan
342003.
----Appellant
Versus
Anand Singh Charan, Through General Secretary, Gramin Bank
(3 of 70)
[SAW-561/2020]
Pensioners Samity, 248, Jay Nagar, Ramdev Road, Pali (Raj.).
----Respondent
D.B. Spl. Appl. Writ No. 528/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th 'b' Road, Sardarpura, Jodhpur, Rajasthan-
342003.
----Appellant
Versus
Suresh Bala Sharma W/o Late Shri B.p. Sharma, Through
General Secretary, Gramin Bank Pensioners Samity, 248, Jay
Nagar, Ramdev Road, Pali (Raj.).
----Respondent
D.B. Spl. Appl. Writ No. 529/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office, Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur, Rajasthan-
342003.
----Appellant
Versus
Shiv Shankar Dass S/o Shri Ram Chandra Dass, Through General
Secretary, Gramin Bank Pensioners Samity, 248, Jay Nagar,
Ramdev Road, Pali (Raj.).
----Respondent
D.B. Spl. Appl. Writ No. 535/2020
Rajasthan Marudhara Gramin Bank, Through Its Chairman, Head
Office Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur.
----Appellant
Versus
1.
The Appellate Authority Under Payment Of Gratuity
Act,1972, And The Deputy Chief Labour Commissioner
(Central) , Ajmer (Raj.)
2.
Controlling Authority Under Payment Of Gratuity Act,
1972, And Regional Labour Commissioner (Central), Jaipur
(Raj
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