Bajrang Singh and Others vs State of Rajasthan and Others

Narendra Kumar Jain, J.—Heard the learned counsel for Petitioners.

Petitioners have preferred this writ petition with a prayer to issue an appropriate writ, order or direction directing the Respondents to remove encroachment from pasture land bearing Khasra Nos. 11 and 89, land of playground bearing Khasra No. 122/2 of Government Upper Primary School, Dhani Sampat Singh and land of burial ground bearing Khasra No. 122, situated at Dhani Sampat Singh, Tehsil Buhana, District Jhunjhunu.

It is pleaded in the writ petition that Petitioners are resident of Village Dhani Sampat Singh, Gram Panchayat Kajalan, Panchayat Samiti Buhana, District Jhunjhunu, the aforesaid land has been encroached upon by number of persons, Petitioners approached the Respondents for taking necessary action in this regard, but No. action has been taken by them, thereafter Petitioners submitted a written representation (Annexure-4) to the District Collector, Jhunjhunu, but No. action was taken and ultimately, Petitioners served a notice for demand of justice in this behalf dated 08.03.2011 (Annexure-7) before coming to this Court, but even after expiry of more than five months, No. action has been taken by the Respondents, therefore, Petitioners have preferred this writ petition.

I have considered the submissions of the learned counsel for Petitioners and examined the contents of writ petition as well as documents annexed with the writ petition and I find that despite representation of Petitioners and resolution of Gram Panchayat, Respondents have not taken any action in respect of encroachment made on the above referred land, whereas it was a duty of the Respondents to take necessary action in this regard in accordance with law. Petitioners also sent a notice for demand of justice, but No. heed was given to it.

In these circumstances, I think it fit and proper to direct the Petitioners to make fresh representation along with a copy of this order, copy of notice for demand of justice dated 08.03.2011 (Annexure-7) and also a copy of writ paper book to the Respondents and to direct the Respondents also to decide the same and/or to take action in this regard within reasonable time.

Consequently, the writ petition is disposed off with a direction that in case Petitioners file a fresh representation in respect of relief sought in the present writ petition along with a copy of this order, a copy of notice for demand of justice, referred above, and a copy of writ petition before the Respondents, within fifteen days from today, then the Respondents, particularly Respondent No. 2 District Collector, Jhunjhunu and Respondent No. 3 Sub Divisional Officer, Buhana, Tehsil Buhana, District Jhunjhunu are directed to pass necessary order thereon in accordance with law and/or to take necessary action in this regard in accordance with law, within a period of four weeks from the date of filing of the representation.