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[CW-14779/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 14779/2021

Misrimal S/o Jawanmal, Aged About 72 Years, Resident Of 137,

Village Saran, Kumharo Ka Baas, Tehsil Marwar Junction, District

Pali (Raj.)

----Petitioner

Versus

1.

The State Of Rajasthan, Through The Secretary,

Panchayat Raj Department, Government Of Rajasthan,

Secretariat, Jaipur.

2.

The District Collector, Pali.

3.

The Sub-Divisional Officer, Marwar Junction, District Pali

4.

The Tehsildar, Tehsil Marwar Junction, District Pali

5.

Gram Panchayat, Saran, Tehsil Marwar Junction, District

Pali, Through Its Sarpanch.

6.

Ashok S/o Taluram, By Caste Regar, Village Saran, Tehsil

Marwar Junction, District Pali (Raj.)

7.

Bhika Ram S/o Rata Ram Prajapt, Village Saran, Tehsil

Marwar Junction, District Pali (Raj.)

8.

Shetan Singh S/o Lakha Singh, By Caste Rawat Village

Borimada Saran, Tehsil Marwar Junction, District Pali

(Raj.)

9.

Vala Ram S/o Sesa Ram, By Caste Regal Village Saran,

Tehsil Marwar Junction, District Pali (Raj.)

10.

Devi Singh S/o Mohan Singh, By Caste Rawat, Village

Saran, Tehsil Marwar Junction, District Pali (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Rajendra Singh

For Respondent(s)

:

-

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE SAMEER JAIN

Order

09/12/2021

The petitioner has approached this Court by way of this writ

petition (PIL) with the following prayers:-

“10/A. By an appropriate writ, order or direction,

the respondents may kindly be directed to

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immediately identify the dimensions and extent of

the Gai Munkin Vali (nala) land & cremation ground

(Shamshan Bhumi) in question and to demarcate

the same and to remove any encroachments made

in the Gari Munkin Nala land of khasra NO.1024

cremation ground (Shamshan Bhumi) of khasra

NO.1028 of village Saran Tehsil Marwar Junction

District Pali.

10/B by an appropriate writ, order or direction, the

respondents may kindly be directed to ensure the

existence of Nala as well as cremation ground

(Shamshan Bhumi) in question as originally

envisaged and not to reduce its area by way illegal

constructions of various houses upon the land in

question.

10/C by an appropriate writ, order or direction, the

respondents may kindly be directed to immediately

stop illegal construction while making fencing over

the land in question of khasra NO.1024 & 1028 of

village Saran Tehsil Marwar Junction District Pali;

10/D. Any other appropriate order or direction

which this Hon’ble Court may deem fit just and

proper in the facts and circumstances of the case

ay kindly be passed in favour of the petitioner.

10/E. The costs may kindly be awarded in favour of

the petitioner.”

Having heard and considered the submissions advanced at Bar

and having gone through the material available on record, we are of

the firm view that the petitioner has available to him a suitable

remedy for ventilating his grievance 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:-

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“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 res