Ram Charan Gurjar @APPELLANT@Hash Shri Bhagwat Singh Dewal

Vide order dated 05.11.2015 this Court in SBCWP No.9354/2014 titled Ram Charan Gurjar vs. State of Rajasthan & Others taking note of the

petitioner’s grievance with regard to encroachment over a public road and a Gair Mumkin Kharda in Khasra Nos.148 & 145 respectively, Village

Kakda, Tehsil Nadoti, District Karauli, had directed that he make a representation with regard thereto to the SDO concerned who was then to make a

requisite inquiry and following the due process of law remove encroachment, if any found.

Aggrieved of non removal of encroachments despite the Court’s order dated 5.11.2015 even though the representation with regard thereto had

been made but to no avail, the petitioner approached this Court by way of Civil Contempt Petition No.630/2016. On the matter coming up before the

Court on 24.5.2016, a statement was made by the counsel appearing for the respondents Mr.Rajan Prajapati that the order dated 5.11.2015 passed in

SBCWP No.9354/2014 had been complied with, and the encroachment over the land in issue had been removed on 23.2.2016. The contempt petition

was accordingly disposed of with liberty to the petitioner to approach the Court again in the event the offending encroachments had not been removed.

In this background the matter now comes up before this Court on a Civil Misc. Application for revival of the Contempt Petition No.630/2016.

Mr.Amit Singh Shekhawat counsel for the petitioner submitted that as per the photographs annexed with contempt petition it is evident that the

offending encroachments over the public road and a Gair Mumkin Kharda in Khasra Nos.148 & 145, Village Kakda, Tehsil Nadoti, District Karauli

still remain and have not been fully removed as warranted on being so found following the petitioner’s representation under the Court’s order.

Mr.Himanshu Tholia appearing for Mr.D.V. Tholia, AAG for the respondent-State on instruction of Mr.Mahendra Singh, SDO, Nadoti, District

Karauli, who present in person, submits that the encroachment over the public road and a Gair Mumkin Kharda in Khasra Nos.148 & 145, Village

Kakda, Tehsil Nadoti, District Karauli aforesaid had been fully removed pursuant to enquiry following the Court’s order dated 5.11.2015. He

submits that however some minor encroachments appear to have been made again and the respondents-contemnors are in the process of removing

them. It has been submitted that however in view of an anticipated law and order problem in the process, a request for police help has been made.

Mr.Amit Singh Shekhawat submitted that from the statement of counsel for the respondents admittedly encroachments are presently obtaining at site.

But are not fresh ones as asserted but remnants of the earlier encroachments with regard to the full removal of which an incorrect statement was

made before this Court on 24.5.2016.Â

Be as it may, encroachments on a public road albeit to a minor extent have been admitted by the SDO, Nadoti, District Karauli. Such encroachments

pursuant to the Court’s order dated 5.11.2015 on being so found were to be removed fully. It is extremely odd that encroachments on public road

and Gair Mumkin Kharda can be allowed to fester or recur and it can be only an outcome of the Government not having the requisite determination.

Or a complete breakdown of law where the encroachers can have the audacity to resist removal such that police help in a work of public interest has

to be requisitioned.

In the circumstances, I would direct the Superintendent of Police, Karauli to forthwith make available the requisite police help for removal of the

encroachment, as found by the SDO, Nadoti, District Karauli, over the public road and a Gair Mumkin Kharda in Khasra Nos.148 & 145, Village

Kakda, Tehsil Nadoti, District Karauli. The complete exercise for removing of the offending encroachment be undertaken forthwith and in any event

not beyond 10 days from today. All mischief makers obstructing the removal of encroachments be subjected to due processes of law of which the

District Collector, Karauli and the Superintendent of Police, Karauli would be well awareâ€"such that the necessary messaging is in place i.e. none

can take law in one’s hand.

Put up on 10.8.2018.

The SDO, Tehsil Nadoti, District Karauli is directed to furnish a copy of this order to the District Collector, and to the S.P., Karauli for onward

compliance.