HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D. B. Civil Writ (PIL) Petition No. 4395/2021

Bhagwan Das S/o Bheemsen, aged about 44 Years, R/o Pujari

Rajrajeshwari Mandir, Kalimaa, Village Kaithri, Police Station

Saipau, District Dholpur. Mob. no. 9634071767

----Petitioner

Versus

1.

The District Collector, Dholpur.

2.

Sub Divisional Magistrate Saipau, District Dholpur.

3.

Tehsildar, Tehsil Saipau, District Dholpur.

4.

Sarpanch, Gram Panchayat Kaithri, Tehsil Saipau, District

Dholpur.

----Respondents

For Petitioner

:

Mr. Gordhan Singh Fauzdar Advocate

through Video Conferencing.

HON'BLE MRS. JUSTICE SABINA

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

05/05/2021

Petitioner has filed this public interest litigation in

connection with encroachment over the land of gair mumkin

pokhar bearing Khasra No. 542, measuring 1.2392 hectares and

the land of gair mumkin kuwa bearing Khasra No. 543, measuring

0.0126 hectares, situated in Village Kaithri, Tehsil Saipau, District

Dholpur.

Learned counsel for the petitioner has submitted that

this Court vide order dated 01.03.2019 passed in Anand Kumar

(2 of 4)

[CW-4395/2021]

Vs. State of Rajasthan & Others (D. B. P.I.L. Petition No.

4419/2019) has directed the petitioner therein to approach the

respondents by filing a detailed representation, who were further

required to examine the grievances of the petitioner therein and

do the needful within a period of three months from the date of

filing of the representation.

Order dated 01.03.2019 passed in Anand Kumar Vs.

State of Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019)

reads as under:

“This public interest litigation petition has been

filed by the petitioner contending that he is

resident of Village Bass Bijoli, Tehsil Surajgarh,

District Jhunjhunu. Certain residents of that

village have made illegal encroachments on

charagah land (pond/johad) bearing Khasra No.

139/38 which has resulted into obstruction of the

flow of water into village pond/johad and deprived

the villagers of its use. It is contended that

Circular dated 25.04.2011 has been issued by the

State Government in compliance of judgment of

the Supreme Court in Jagpal Singh & Others Vs.

State of Punjab & others, AIR 2011 SC 1123

whereby allotment or regularisation of charagah

land/catchments of a pond/water reservoirs and

ponds for private or commercial purposes has

been stopped with immediate effect. Tehsildar,

Surajgarh vide order dated 26.11.2018 has

declared them trespassers on charagah land and

directed the Inspector (L.R.) and Patwari Halka to

remove their illegal encroachments. Notices have

also been served on the encroachers in pursuance

of the aforesaid order. However, the trespassers

have refused to remove the encroachments. The

Inspector (LR) prepared a report with the help of

Patwari Halka on 04.01.2019 stating that there is

an apprehension of disturbance of peace at the

site and removal of encroachment is possible only

with the help of JCB machines, tractors and police

force etc. It is submitted that the encroachers are

being provided electricity connection and the poles

have also been erected over the disputed land. It

is quite possible that after providing electricity

connections, the charagah land will be

allotted/regularised in favour of the encroachers.

This Court vide order dated 30.01.2019

passed in Jagdish Prasad Meena & Others Vs.

(3 of 4)

[CW-4395/2021]

State of Rajasthan & Others, D.B. Civil Writ

Petition (PIL) No. 10819/2018 took note of fact

that large number of writ petitions are being filed

before this Court styled as public interest litigation

petitions which pertained to encroachment over

the

pasture land/ land of ‘johad’, ‘talab’/

river/river bed/public way/ Shamshan/Kabristan

etc. and directed the Chief Secretary of the State

to devise a permanent mechanism, whi