BHARAT RAJ GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This public interest litigation petition has been filed by the petitioners who are resident of Kharwar Vas Gudhachandraji, Rajahera and Muhana Villages of Tehsil Nadauti, District Karauli. It is contend that a sivaychak land on the main road of Sikandara bearing Khasra No. 1583 is situated at Village Gudhachandraji Kharwar Vas. It is contended that villagers of Village Muhana, Tehsil Nadauti, Distrit Karauli have encroached over aforesaid sivaychak land ad-measuring 0.44 hectare situated at Village Gudhachandraji Kharwar Vas nd constructed 13 shops in an illegal mannter. The petitioner submitted a complaint before the District Collector, Karauli as well as Sub Divisional Officer, Nadauti, District Karauli. Patwari concerned has also made a mauka report on 13.03.2019 regarding construction of aforesaid shops. It is submitted that despite filing of various complaints by the petitioners regarding the aforesaid encroachment, no action has been taken by the respondent so far. It is therefore prayed that Respondents No. 1 to 4 may be directed to remove encroachment from the aforesaid pasture land.

(2.) 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 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.

(3.) In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioners to approach Respondent No. 2, District Collector, Karauli by filing a detailed representation along with copy of aforesaid order, who shall examine the grievances of the petitioner and do the needful within a period of three months from the date of filing of the representation.