HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 1873/2023

1.

Bachchu Singh S/o. Shri Latoori, Aged About 42 Years,

Resident Of Village Galle Ka Nangla (Turtipura), Post

Tarsooma, Tehsil Bayana, District Bharatpur.

2.

Shri Chand S/o. Shri Kishna, Aged About 50 Years,

Resident Of Village Galle Ka Nangla (Turtipura), Post

Tarsooma, Tehsil Bayana, District Bharatpur.

3.

Man Singh S/o. Shri Jagram, Aged About 34 Years,

Resident Of Village Galle Ka Nangla (Turtipura), Post

Tarsooma, Tehsil Bayana, District Bharatpur.

4.

Arjun S/o. Shri Prabhu, Aged About 65 Years, Resident Of

Village Galle Ka Nangla (Turtipura), Post Tarsooma, Tehsil

Bayana, District Bharatpur.

5.

Kumar Singh S/o. Shri Mukhtyar Singh, Aged About 27

Years, Resident Of Village Galle Ka Nangla (Turtipura),

Post Tarsooma, Tehsil Bayana, District Bharatpur.

6.

Laxman Singh S/o. Shri Bhagwat, Aged About 65 Years,

Resident Of Village Galle Ka Nangla (Turtipura), Post

Tarsooma, Tehsil Bayana, District Bharatpur.

----Petitioners

Versus

1.

The State Of Rajasthan, Through Chief Secretary,

Government Of Rajasthan, Secretariat, Jaipur.

2.

The Principal Secretary, Revenue Department,

Government Secretariat, Jaipur.

3.

The District Collector And District Magistrate, Bharatpur.

4.

The Sub Divisional Magistrate, Bayana, District Bharatpur.

5.

The Tehsildar, Tehsil Bayana, District Bharatpur

6.

Bharat Singh S/o. Girraj, Resident Of Village Turtipura,

Post Tarsooma, Tehsil Bayana, District Bharatpur.

7.

Mahendra S/o. Girraj, Resident Of Village Turtipura, Post

Tarsooma, Tehsil Bayana, District Bharatpur.

8.

Munna S/o. Girraj, Resident Of Village Turtipura, Post

Tarsooma, Tehsil Bayana, District Bharatpur.

9.

Manoj S/o. Bharat Singh, Resident Of Village Turtipura,

Post Tarsooma, Tehsil Bayana, District Bharatpur.

(2 of 3)

[CW-1873/2023]

10.

Ram Kumar S/o. Bharat Singh, Resident Of Village

Turtipura, Post Tarsooma, Tehsil Bayana, District

Bharatpur.

11.

Prakash S/o. Bharat Singh, Resident Of Village Turtipura,

Post Tarsooma, Tehsil Bayana, District Bharatpur.

12.

Lokesh S/o. Bharat Singh, Resident Of Village Turtipura,

Post Tarsooma, Tehsil Bayana, District Bharatpur.

----Respondents

For Petitioner(s)

:

Mr. Satya Pal Poshwal

For Respondent(s)

:

Mr. Rajesh Maharshi, AAG with

Ms. Shretima Bagri

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

01/02/2023

1.

Instant Public Interest Litigation petition has been filed with

the following prayers:-

“(i) direct the respondents No.1 to 5 to immediately

remove the illegal encroachment of respondents

No.6 to 12 over Khasra No.9 (6.04 Hectare),

Charagah Land, in Village Turtipura, Patwar Halka

Turtipura, Tehsil Bayana, District Bharatpur;

(ii) direct the respondents No.1 to 5 to take into

possession the standing mustard crop over the

aforesaid Charagah land and take steps to auction

the said crop from the complete encroached

Charagah land Rakba 6.04 Hectare;

(iii) direct the respondents to protect the land in

dispute from any unauthorized encroachment by any

corner, which is against the purpose and interest of

the public;

(iv) Any other appropriate order or direction which

this Hon'ble Court may deem fit and proper in the

facts and circumstances of the present case, may

also be passed in favour of the petitioner."

(3 of 3)

[CW-1873/2023]

2.

A Division Bench of this Court in the matter of Jagdish

Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B.

Civil Writ Petition (PIL) No. 10819/ 2018 vide order dated

30.01.2019 has directed creation of Public Land Protection Cell

(PLPC) for rural areas in every district for the redressal of

grievances regarding encroachment of public land.

3.

The petitioners probably have not approached the authorities

or even if approached but with no effect, we permit them to

appro