HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 12396/2022

Mohan Lal Chaudhary S/o Late Shri Ratan Lal Chaudhary, Aged

About 38 Years, R/o Village Chakwada, Tehshil Phagi District

Jaipur, Raj.

----Petitioner

Versus

1.

State Of Rajasthan, Through Chief Secretary Government

Of Rajasthan Secretrate, Jaipur, Rajasthan

2.

The Secretary, Department Of Revenue, Government Of

Rajasthan Secretrate, Jaipur, Rajasthan

3.

The Secretary Department Public Work Department

(Pwd), Government Of Rajasthan, Secretrate, Jaipur,

Rajasthan

4.

The District Collector, District Jaipur Rajasthan

5.

The Additional District Collector, District Jaipur-Ii (Second)

Rajasthan

6.

The Sub Division Officer, Sub Division Phagi District Jaipur

Rajasthan

7.

The Tehshildar Phagi, Tehshil Phagi District Jaipur

8.

Block Development Officer, Block Phagi District Jaipur

9.

The Gram Panchayat Chakwada, Panchayat Samittee

Phagi District Jaipur Through Its Secretary Gram

Panchayt Chakwada

----Respondents

For Petitioner(s)

:

Mr. RB Sharma (Ganthola), Adv.

For Respondent(s)

:

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

25/08/2022

Instant Public Interest Litigation petition has been filed with

the following prayers:-

(2 of 3)

[CW-12396/2022]

“A. A Direction may kindly be issued to the

respondents No-1 to 9 to remove the encroachment

as well as the permanent construction made on the

The Araji Khasra 1585, Rakwa 0.3920 Charaghah,

Araji kHasra 1598/1 Rakwa 0.2403 Charagah, Araji

Khasra 3284 Rakwa 3.0854 charagah, Araji Khasra

3421 Rakwa 3.5532 Charagah, Araji Khasra 3435/3

Rakwa 4.2361 Charagah, Araji Khasra 3666/3435

Rakwa 10.116 Charagah, Araji Khasra 1599 Rakwa

0.2529 Gair Mumkiin Pal, Araji Khasra 1600/3 Rakwa

1.4036 Gair Mumkin Pal, Araji Khasra 1600/4 Rakwa

0.1265 Gair Mumkin Pal, Araji Khasra 1756 Rakwa

2.1497 Gair Mumkin Rasta, Araji Khasra 1784 Rakwa

1.7071 Gair Mumkin Rasta, Araji Khasra 1902 Rakwa

0.0759 Gair Mumkin Rasta, Araji Khasra 3127 Rakwa

0.7587 Gair Mumkin Rasta, Araji Khasra Number

3213/1 Rakwa 1.4668 Gair Mumkin Rasta, Araji

Khasra Number 3213/2 1.1128 Gair Mumkin Rasta,

Araji Khasra Number 867 Rakwa 3.0601 Gair

Mumkin Rasta said land mentioned as Charagah,

Gair Mumkin Pal, Gair Mumkin Rasta situated at

Village Chakwara Tehsil Phagi District Jaipur

Rajasthan and they may be further directed to give

the original condition to the land as it has been

earlier before the raising of the illegal construction.

B. Further direction may be issued to the

respondents to ensure that no such encroachment

may further take place after the removal of the

permanent construction made by the encroacher.

C. Further responsible officers who ignored the

representation and had been delinquent in

performing their duties may kindly be punished.

D. Any other order or direction which this Hon’ble

Court may deem fit and proper in the public interest

may also be passed.”

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.

Counsel for the petitioner submitted that he may be

permitted to submit a representation before the PLPC and

(3 of 3)

[CW-12396/2022]

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

two months.

In that view of the matter, the writ petition stands disposed

off, in view of the directions issued by the Division Bench in the

matter of Jagdish Prashad Meena (supra) and the petitioner is

at liberty to make a representation before PLPC and the

respondents are directed to decide the same within a period of

two months.

Considering that this petition has bee