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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Writ Miscellaneous Application No. 143/2023

Smt. Sumitra W/o Shri Surendra, Aged About 61 Years, R/o

Natas, Post Gowla, Tehsil Gudha Godji, District Jhunjhunu (Raj.)

----Non-Applicant/Petitioner

Versus

1.

The State Of Rajasthan, Through Principal Secretary,

Department Of Revenue, Government Of Rajasthan,

Secretariat, Jaipur (Raj.)

2.

District Collector, Jhunjhunu (Raj.)

3.

Sub Divisional Officer, Udaipurwati, District Jhunjhunu

(Raj.)

4.

Tehsildar, Tehsil Gudha Godji, District Jhunjhunu (Raj.)

5.

Superintendent Of Police, Jhunjhunu (Raj.)

6.

Sarpanch, Gram Panchayat Natas, Tehsil Gudha Godji,

District Jhunjhunu (Raj.)

7.

Patwari, Patwar Halka Natas, Tehsil Gudha Godji, District

Jhunjhunu (Raj.)

8.

Assistant Engineer, Ajmer Vidyut Vitran Nigam Ltd.,

Badagaon, District Jhunjhunu (Raj.)

–--Non-Applicant/Respondents

9.

Ranjeet Son Of Late Shri Hardeva, Aged About 62 Years,

Resident Of Village - Natas, Post - Gowla, Tehsil Gudha

Godji, District Jhunjhunu (Rajasthan)

10.

Mamraj Son Of Late Shri Hardewa, Aged About 65 Years,

Resident Of Village - Natas, Post - Gowla, Tehsil Gudha

Godji, District Jhunjhunu (Rajasthan)

11.

Bhat Ram Son Of Late Shri Hardewa, Aged About 63

Years, Resident Of Village - Natas, Post - Gowla, Tehsil

Gudha Godji, District Jhunjhunu (Rajasthan)

12.

Vikash Kumar Son Of Late Shri Ramniwas, Aged About 25

Years, Resident Of Village - Natas, Post - Gowla, Tehsil

Gudha Godji, District Jhunjhunu (Rajasthan)

----Applicants/Respondents

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For Applicant(s)

:

Mr. Rohitash Kumar Verma, Advocate

For Respondent(s)

:

Mr. Rajesh Maharshi, AAG with

Mr. Rahul Sehra, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

HON'BLE MRS. JUSTICE SHUBHA MEHTA

Judgment / Order

04/08/2023

This miscellaneous application seeks to recall order dated

27.06.2022 passed by this Court in D.B. Civil Writ Petition No.

8129/2022.

Learned counsel for the applicants would submit that one

Smt. Sumitra filed a PIL before this Court seeking judicial

intervention on the allegation that Gair Mumkin Nadi, Banjad and

Gair Mumkin Rasta on various khasra numbers are under

encroachment.

This Court, taking into consideration the earlier direction

issued in the case of Jagdish Prashad Meena & Ors. Vs. State

of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No.

10819/ 2018 decided vide order dated 30.01.2019, wherein,

direction was issued for creation of a Cell called Public Land

Protection Cell, disposed off the writ petition in the light of the

directions issued in the case of Jagdish Prashad Meena & Ors.

Vs. State of Rajasthan & Ors (supra). The Court only observed

that the writ petitioner therein would be at liberty to make

representation before PLPC and the respondent authorities were

directed to decide the same within a period of three months.

This Court further by way of abundant caution made it clear

that the Court has not commented upon the merits of the case but

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has only directed inquiry on the complaints. Further, it was also

stated in the order that those who are alleged to be encroachers

shall be given notice and afforded a proper opportunity of hearing

in the inquiry on the allegation regarding encroachment.

The submission of learned counsel for the applicants is that

in the garb of the order passed by this Court, the authorities are

bent upon demolishing their house. He submits that the applicants

are in valid possession of the land as they are duly inducted

tenant and their names are duly recorded in the revenue records.

Learned counsel for the applicants also discloses that

apprehending dispossession, a writ petition has already been filed

by them which is pending consideration in which a prayer for stay

has been made but til