SARAJUDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed praying therein that the encroachment and illegal construction made by respondents no. 5 to 8 and other villagers on the land bearing khasra no. 126, Charagah land situated at village Kuli, Tehsil Jamwa Ramgarh, District Sikar.

(2.) A Division Bench of this Court in case of in case of Jagdish Prasad Meena & ors. Vs. State of Rajasthan & ors.: D.B. Civil Writ Petition (PIL) No. 10819/2018, directed the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations with regard to such encroachments with a specially designated Public Land Protection Cell (for short 'PLPC') for rural areas. It was further directed by this Court that the PLPC should be headed by District Collector and function under his direction and supervision. The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The complaints/ representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/ representationist about the action taken. It was observed that this would obviate the necessity of such complainants/ representationists approaching this Court directly by way of public interest litigation. The representations, so, submitted were required to be examined and the PLPC was directed to take a decision thereupon within a period of three months from the date of filling of the representation.

(3.) In the light aforesaid, this writ petition is disposed of with a direction to the petitioner to approach the Public Land Protection Cell for redressal of his grievances in terms of direction of this Court in case of Jagdish Prasad Meena & ors. (supra).