HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 48/2022

Jaisa Ram S/o Shri Ratna Ram, Aged About 53 Years, R/o Purvi

Maal Nawa Road, Gogor, Post- Lichana, Tehsil - Nawa, Distt.-

Nagaur Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary To The

Government, Department Of Revenue, Jaipur Rajasthan.

2.

The District Collector, Nagaur, District Nagaur, Rajasthan.

3.

Sub Divisional Magistrate, Nawa, Distt.- Nagaur,

Rajasthan.

4.

Tehsildar- Nawa, District Nagaur, Rajasthan.

5.

Development Officer, Panchayat Samiti Nawa, Tehsil

Nawa, Distt. Nagaur, Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Manoj Purohit

For Respondent(s)

:

-

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/07/2022

The petitioner has approached this Court by way of this writ

petition (PIL) with the following prayer:-

“ The respondents may be directed to remove all

encroachments made on the disputed land situated

in khasra No.601/ 368, 600/ 367, 597/ 362, 559/

364, 594/ 357, 625/ 514 Gair Mumkin Nala, 385 &

399 Gair mumkin Aabadi and 356, 364 & 548/55

Gair mumkin Barani, village Gogor and khasra

no.938/721 Gair mumkin Aabadi, Village Bhooni

and khasra no.890/41 Gair mumkin Barani, village

shyam kalla, Gram panchayat Bhooni, patwar setra

Indokha, Tehsil Nawa, District Nagaur. A further

direction may kindly be issued to the respondents

(2 of 4)

[CW-48/2022]

to ensure that said disputed land is not allowed to

encroached upon the encroacher.”

Having heard and considered the submissions advanced by

counsel representing the petitioner 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 grievances 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:-

“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 respective District Collectors to

examine the factual content of the allegations and

take steps to remove the encroachments so as to

secure such land.

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 headed by District

Collector and function under his direction and

supervision. The PLPC shall get such

complaints/representations enquired into by

deputing

concerned

Sub

DivisionalOfficer/Tehsildar/Naib Tehsildar so as to

(3 of 4)

[CW-48/2022]

verify 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 t