Khema Ram vs The State of Rajasthan and Others

Heard learned counsel for the petitioner. The instant petition seeks to initiate a public interest litigation to address a grievance of persistent encroachment of respondent no. 6 and her family over the Government land comprised of khasra no. 337 in village Sindhasawa Harniyan, Tehsil Gudamalani District Barmer and entered in the revenue record as ''gair mumkin gochar''.

According to the petitioner, the land in question has been set apart for charagah of village cattle. Some time before, the respondent no. 6 had illegally trespassed upon a part of the said land and has been residing thereon alongwith her family. Earlier, she had raised a jhunpa like structure and as asserted by the petitioner, of-late, had been trying to raise a pacca construction. Contending that in the nearby locality of the land in question, there is a temple of Lord Neelkanth Mahadev, where thousands of devotees visit daily and that there is also a School located nearby where hundreds of children come to pursue the studies, the petitioner has alleged that the respondent no. 6 and her family members most of the time indulge in revelry after consuming liquor, engage in provoking brawls and use abusive languages, thus defiling the environment. That the respondent no. 6 had also been indulging in such activities elsewhere, has been stated. According to the petitioner, a detailed representation has been submitted on 24.9.2012 before the District Collector, Barmer by the villagers requesting the said authority to take necessary steps to remove the encroachment from the gochar land. A similar representation was also submitted before the District Superintendent of Police, Barmer, That meanwhile, on a complaint filed by the Patwari Halka Sindhasawa before the Tehsildar, Gudamalani alleging trespass/encroachment of the respondent no. 6 over a plot of land measuring 0.03 bigha comprised of khasra no. 210/1 of the said village, a case no. 69/2012 has been registered against her and following necessary enquiry, she had been declared to be a trespasser on Government land and had been ordered to be evicted therefrom. Further, a fine alongwith sentence of three months civil imprisonment was also imposed. As inspite of the repeated requests by the villagers, the District Administration has been found to be inert in the matter and that too, in the face of the representations submitted on 9.5.2013 by them to the Hon''ble Chief Minister of the State, they have approached this Court. That meanwhile, a representation before the Chief Secretary, Government of Rajasthan has also been submitted on behalf of the villagers through their Advocate on 6.6.2013 has been mentioned as well.

The learned counsel while emphatically reiterating the above submitted that it is a fit case where this Court ought to invoke its writ jurisdiction to secure the public cause as is sought to be espoused herein.

Upon hearing the learned counsel for the petitioner and on a consideration of the pleaded facts and the documents available on record, we are of the view that it would meet the ends of justice for the present if this petition is closed by leaving the petitioner at liberty to file a detailed representation before the District Collector, Barmer highlighting the relevant factual aspects and seek his remedial intervention. Ordered accordingly.

The petitioner, if so advised, would file the representation within a period of two weeks here from and if the same is done, the District Collector, Barmer would take note thereof and decide the same in accordance with law. It would be open for the said authority to make necessary enquiries and get the relevant records examined and also afford an opportunity of hearing to the persons concerned so as to enable him to come to an appropriate decision. As it has been asserted that the respondent no. 6 and her family members have encroached upon Government land and that they have been indulging in illegal activities unabated, the District Collector, Barmer would dispose of the representation as expeditiously as possible preferably within a period of three months from the date of receipt thereof. It would be open for the petitioner to lay alongwith the representation a copy of this order so as to enable the aforementioned District authority to do the needful in time. The petition thus stands disposed of in the above terms.