Jayantilal Kalbi And Ors vs State Of Rajasthan And Ors

Heard learned counsel for the petitioners.

The petitioners have made a complaint about the encroachments on land comprising of Khasra No.262/1 and 365 located at Village Marole, Tehsil

Reodar, District Sirohi.

Earlier the Jaipur Bench of 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.

In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioners to approach the District

Collector, Sirohi by filing a detailed representation along with copy of aforesaid order, who shall examine the grievance of the petitioners and do the

needful within a period of three months from the date of filing of the representation.

With the aforesaid directions, writ petition stands disposed of. The parties shall be at liberty to approach this Court again, if need arises.

All the pending applications also stand disposed of.