Mukesh Kumar Gurjar vs State Of Rajasthan And Ors

This writ petition has been filed with the prayer to direct the respondents authorities to demolish the encroachment of private respondents upon the pasture land bearing Khasra No.580 Rakba 13.38 Hec. Recorded as Gair Mumkin Dam, situated at Village Moroli, Patwar Halka Mochipura, Land recorded Inspector Area Ranoli, Tehsil Sikrai, District Dausa.

The brief facts of the case are that the petitioner is social activist person and he regularly participate in social activity and also protest the illegal activities done by the antisocial person by way of submitting its representation.

The present petition is being filed protesting pasture land bearing Khasra No.580 Rakba 13.38 Hec. recorded as Gair Mumkin Dam, situated at village Moroli, Patwar Halka Mochipura, Land recorded Inspector Area Ranoli, Tehsil Sikrai, District Dausa. Upon the aforesaid land, the encroachers made the encroachment and deprived the villagers including the petitioner for using the aforesaid land which is reserve by the Government for public purposes. The aforesaid Khasra of land was reserved by the Government for pasture purpose and for the welfare of local residents of Village Moroli, so that the animals of Village Moroli utilize the same for grazing. In this land, cattle have been grazing from time immemorial. Nearly about 10000 cattle of the said area are grazing and staying upon the above land.

It is contended that the private respondents and their supporters made encroachment on the subject land. They are cultivating the land and made permanent construction on the land in question. The petitioner and other villagers are regularly under correspondence with State agencies for demolishing the encroachment but after a hard run they could succeed.

It is made clear that the encroachment by encroachers was also proved by the proceeding under Rule 91 of the Rajasthan Land Revenue Act, 1956 initiated by the respondent-department itself but the encroachers are habitual and again they made encroachments on the land in question.

It is contended that the aforesaid land is absolutely belong to the public use, dam, pasture and same is reserved by the Government for the welfare of cattle of village Moroli but the respondents are obstructing the cattle for utilize the same. In this regard, the petitioner as well as the general public of said village already represented to the competent authority but the encroachers are highly political influential persons therefore, the competent authority did not take any action against them.

It is contended that the similar controversy has already been decided by the coordinate bench of this Court in case of Abdul Rahman versus State of Rajasthan decided in the year of 2004. Therefore, respondent No.1 to 5 are duty bound to comply the said decision, but inspite of several oral as well written representations, still no appropriate action upon the representation submitted by the petitioner and other villagers was taken. The petitioner also served a legal notice for demand of justice dated 4.12.2018 to respondents but till date encroachment has not been removed by the respondent authority.

Having regard to the facts aforesaid, instead of directly entertaining the petition, petitioner is set at liberty to approach the District Collector, Dausa, who shall examine the grievance of the petitioner and have an enquiry made into allegations about the alleged encroachments on the aforesaid land and do as warranted in law.

The writ petition is disposed of.