HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ (PIL) Petition No. 12635/2021

Hariram S/o Shankar Gurjar, R/o Village Sandeda, Tehsil Piplu,

Dist. Tonk (Raj.)

----Petitioner

Versus

1.

State of Rajasthan, Principal Secretary, Department of Rural

Development and Panchayati Raj Department, Govt. of

Rajasthan, Secretariat, Jaipur (Raj.)

2.

District Collector, Tonk (Raj.)

3.

Sub-Divisional Magistrate, Piplu, Distt. Tonk (Raj.)

4.

Tehsildar, Piplu, Distt. Tonk (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Praveen Kumar Jain Advocate.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

25/11/2021

Petitioner has filed this public interest litigation in connection

with illegal encroachment over the Charagah/pasture/public utility

land bearing Khata No. Old 595 and New 615 (Annexure-1 to the

writ petition) of Jamabandi 2072 to 2075, measuring 81.4590

hectares situated at Village Sandeda, Tehsil Peeplu, District Tonk.

Learned counsel for the petitioner has submitted that this

Court vide order dated 01.03.2019 passed in Anand Kumar 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.

(2 of 3)

[CW-12635/2021]

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. 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, which sho