Munshiram And Ors vs State Of Rajasthan And Ors

This writ petition in the form of public interest litigation has been filed by petitioners, who are residents of village Radoli, post Saingarpura, Tehsil and District Karauli, praying for a direction to the respondent authorities to ensure demolition of illegal encroachment upon the land bearing khasra no.987/1 measuring 222 bigha situated at village Chhitar-ki-Jhopadi, Halka Saingarpura, land bearing khasra no.1459 measuring 118 bigha situated at village and Halka Saingarpura and land bearing khasra no.111 measuring 104 bigha as also land bearing khasra no.241 measuring 183 bigha, situated at village Aadihudpura, Halka Saingarpura, Tehsil and District Karauli.

It is contended that the petitioners are social activists and have been regularly participating in the social activities. They use to protest illegal activities being carried by antisocial persons. They are active members of the concerned Gram Panchayat. The petitioners and other villagers submitted a representation to the respondent authorities with regard to the pasture lands, referred to above, to get the same free from illegal encroachment, owing to which the local residents of the villages have been suffering a lot as the area of pasture land has been reduced, which affected their cattle. The respondent authorities on the said representation have not taken any step to ensure removal of encroachment on the lands in question. Hence this writ petition.

Learned counsel has cited a judgment of the Supreme Court in Jagpal Singh and Others Vs. State of Punjab and Others - (2011) 11 SCC 396 and submitted that therein the Supreme Court has directed all the State Government to prepare a scheme for eviction of illegal/unauthorized occupants.

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 respondent no.2 - the District Collector, Karauli, by filing a detailed representation along with a copy of this order, who shall examine the grievances of the petitioners and do the needful within a period of three months from the date of filing of the representation.

With the aforesaid direction, writ petition stands disposed of.