HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 1315/2021

Amar Singh Son Of Dayal Singh, Aged About 63 Years, Resident

Of Village Govind Daspura (Gujarala), Ward No.11, Rampura,

Panchayat Tyonda, Tehsil Khetri, District Jhunjhunu (Raj.) -

333036.

----Petitioner

Versus

1.

State Of Rajasthan, Through Chief Secretary, Government

Of Rajasthan, Government Secretariat, Jaipur.

2.

State Of Rajasthan, Through Principal Secretary, Mines

Department, Government Of Rajasthan, Secretariat,

Jaipur.

3.

Superintending Mining Engineer (Vigilance), Mining

Department, Jaipur (Raj.).

4.

Director, Mines Department, Jaipur.

5.

Assistant Mining Engineer, Department Of Mines And

Geology, Sikar (Raj.).

6.

Mining Engineer, Mines Department, Jhunjhunu, Opposite

Hotel Ashok, Road No.2, Jhunjhunu (Raj.).

7.

District Collector, District Jhunjhunu (Raj.).

8.

Sub Divisional Officer, Khetri, District Jhunjhunu (Raj.).

9.

Superintendent Of Police, District Jhunjhunu (Raj.).

10.

Station House Officer, Police Station Khetri, District

Jhunjhunu (Raj.).

11.

Smt. Manohar Kanwar Wife Of Late Shri Bairishal Singhji,

Aged About 91 Years, Resident Of Village Khariya Bada,

Tehsil Sujangarh, District Churu.

12.

Smt. Chandankanwar Wife Of Late Shri Meghsinghji, Aged

About 88 Years, Resident Of Village Gopalpura, Tehsil

Sujangarh, District Churu (Raj.).

13.

Smt. Priyanka Wife Of Shri Vinod Singh, Resident Of

Village Thodi, Tehsil Buhana District Jhunjhunu (Raj.).

14.

Sarpanch, Gram Panchayat Tyonda, Tehsil Khetri, District

Jhunjhunu (Raj.).

----Respondents

For Petitioner(s)

:

Mr. Kunwar Ashok Veer Singh Nirwan

Mr. AN Khan

For Respondent(s)

:

Mr. Anil Mehta, AAG

(2 of 3)

[CW-1315/2021]

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

22/03/2021

1.

Instant civil writ petition has been filed with the

following prayers:-

“(i)

Issue a writ, order or direction in the nature

thereof thereby direct the respondents to stop illegal

blasting/mining activities of the lease holders of ML

No. 146/04, 147/04 and 350/04 upon the gochar

land of khasra no. 1861 and 1859 which are situated

at gram Dheerajpura and Dhani Gujrala Tan Tyonda

Tehsil Khetri, District Jhunjhunu.

(ii)

Issue a writ, order or direction in the nature

thereof thereby direct the respondents to remove

illegal encroachment of the lease holders of ML No.

146/04, 147/04 and 350/04 upon the gochar land of

khasra no. 1861 and 1859 which are situated at gram

Dheerajpura and Dhani Gujrala Tan Tyonda Tehsil

Khetri, District Jhunjhunu.

(iii)

Issue a writ, order or direction in the nature

thereof thereby cancel the lease deed i.e. ML No.

146/04, 147/04 and 350/04 as allotted to the lease

holders i.e respondent No. 11 to 13.

(iv)

Direct the respondents to comply with the terms

of letter dated 11.12.2020 of Director of Mines

Safety, Ajmer Region, Ajmer.

(v)

Issue a writ, order or direction in the nature

thereof thereby direct the respondents to comply

with the terms of letter dated 11.12.2020 of Director

of Mines Safety, Ajmer Region, Ajmer.

(vi)

Any other order which this Hon’ble Court

deemed just and proper in the facts and

circumstances of the case may also be passed in

favour of the petitioner.

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.

3.

Counsel for the petitioner submitted that he may be

permitted to submit a representation before the PLPC and

(3 of 3)

[CW-1315/2021]

respondents be directed to dispose of the same within a period of

two months.

4.

Mr. Anil Mehta, learned Additional Advocate General

appearing on behalf of the respondents has no objections to the

submissions