HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition (PIL) No.13205/2022

Mohan Lal Yogi S/o Shri Mangi Lal Yogi, Aged About 48 Years,

Resident Of V.P.O. Hathoj, District Jaipur, Rajasthan- 302012.

Mob. No.9649429435

----Petitioner

Versus

1.

The State of Rajasthan through Principal Secretary, Urban

Development And Housing Department, Government

Secretariat, Jaipur.

2.

The Jaipur Development Authority, J.L.N. Marg, Jaipur

through Its Commissioner.

3.

District Collector, Jaipur.

4.

Tehsildar, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Akhilesh Pareek, Advocate for

Mr. Palash Shrivastav, Advocate

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

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

09/09/2022

Instant Public Interest Litigation petition has been filed with

the following prayer:-

“(i) the entire revenue record of the land bearing

That the Khata No.106 Khasras No.1, 2, 3, 4/1, 5/1,

8, 9/2, 10, 18/2, 19, 21, 22, 25/1/26/231, 26/5,

44/3, 46/1, 47, 71, 72, 79, 80, 114, 115, 116, 117/2,

117/232, 118/2, 118/233, 119/2, 123/234, 124, 132

to 138, 153, 157/1 to 157/5, 158 to 179, 180 to 182,

205, 216/2 total 71 area of 4604251 hc, is shown in

Jamabandi in the name of the JDA Khata No.167

khasras No.54 to 58 total 5 area 5.4632 hc and other

Khasra numbers shown in Jamabandi samvat 2073-

2076 (year 2019) in the name of Mandir Murti Shri

Kalyan Ji Maharaj, Hathoj, Jaipur and also the Khata

(2 of 3)

[CW-13205/2022]

No.56 Khasra Nos.24/237, 24/238, 24/239, 24/240,

24/241, 24/242, 24/243, 24/244, 24/245, 24/246,

24/247, 24/248 and 26/236 total 13 area 5.4380 hc.

Shown in Jamabandi samvat 2073-2076 (year 2019)

District Jaipur Tehsil Jaipur, Bid Hathoj, Jaipur is in the

name of Mandir Murti Shri Kalyan Ji Maharaj, Hathoj,

Jaipur which is shown in Khata No.106 and Khasra

No.318, 319 as talai may kindly be called for and the

respondent authorities may kindly be directed to

remove the unauthorized encroachment on the above

land of Khasra numbers in the large interest of justice

and the concerned Authorities be directed to recover

the amount from the person who encroached on the

government land;

(ii) issue direction to the Respondents to restore

the possession of the Savaichak/talai mela maidan

pasture land and also a direction be issued to restore

the possession if the other land belongs to deity;

(iii) issue any other order or direction which this

Hon’ble Court may deem just, fit and proper in the

facts and circumstances of the case may also passed

in favour of the petitioner.”

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

respondents be directed to dispose off 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.

(3 of 3)

[CW-13205/2022]

Considering that this petition has been disposed off at the

motion stage without issuing notice to the respondents, it is made

clear that this Court has not commented upon the merits of the

case, but only directed inquiry on the complaint as per the order

passed in the case of Jagdish Prashad Meena (supra).

It is further directed that in the inquiry for removal of the

encroachment, the persons, who are alleged to be encroachers,

shall be afforded an opportunity of hearing.

(VINOD KUMAR BHARWANI),J

(MANINDRA MOHAN SHRIV