Ramkhiladi And Ors vs State Of Rajasthan And Ors

By way of this Writ (PIL) Petition, the petitioners have prayed for a direction to the respondents No.1 to 6 to immediately remove the illegal encroachment of respondents No.7 to 13 from the land in dispute i.e. khasra No.264, of village Devipura, Patwar Halka Ondh, Tehsil Mandrail, District Karauli over the Gair Mumkin Charagah land measuring 420 Bighas, 9 Biswas.

Contentions of the petitioners is that they are residents of the aforesaid village. The villagers used to graze their cattle in the said land since long. However, respondents No.7 to 13, who are also residents of same village, have encroached over 100 Bighas of land of Khasra No.264 and raising construction over the said land and also cultivating crop on some part of the same land illegally and forcefully. The encroachers have also digged a tube-well and also put transformer over the land in dispute without any permission/sanction from the Electricity Department. The villagers gave representation dated 17.07.2019 to the Tehsildar, Tehsil Mandrail about the illegal encroachment. But the Tehsildar did not take any action in the matter. Then on 22.07.2019 the villagers, including the petitioners, also made a complaint before the District Collector, Karauli. When no action was taken by the District Collector for long, the petitioners again submitted a representation dated 07.08.2019 before the District Collector, Karauli. On this, The District Collector made a noting on the representation of the petitioners that the SDM, Mandrail may inquire into the matter and take action to remove the encroachment. But till today, no action has been taken at the disputed site by the SDM, Mandrail under the influence of the encroachers. In the aforesaid circumstances, the petitioners gave a legal notice for demand of justice dated 19.08.2019 to the respndents, but no action as yet has been taken by the respondents on the same. Learned counsel has cited a judgment of the Supreme Court in Abdul Rahman V. State of Rajasthan & Ors. - 2004 (4) WLC (Raj.) 435 and submitted that therein the Supreme Court has held that no encroachment can be made over the Gair Mumkin River, charagah or Shamshan land and the said encroachment be immediately removed.

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 respondents by filing a detailed representation along with a copy of this order, who shall examine the grievances of the petitioners and do the needful to secure the public land within a period of three months from the date of filing of the representation.

With the aforesaid direction, writ petition stands disposed of.