BENY PRASAD SHARMA S/O SHRI HUKUMCHAND v. STATE OF RAJASTHAN
CW/14018/2025 · 2025-09-18
Sanjeet Purohit, Sanjeev Prakash Sharma
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40557 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40557 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:38229-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition (PIL) No. 14018/2025 Beny Prasad Sharma S/o Shri Hukumchand, Aged About 60 Years, R/o Ward No. 9, Jaitusar Road Reengus, Tehsil Reengus, District Sikar (Rajasthan), ----Petitioner Versus
1. State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan, Govt. Secretariat, Jaipur.
2. District Collector Sikar, District Sikar.
3. Sub-Divisional Officer, Office Reengus, District Sikar
4. Executive Officer, Municipalities Board Reengus (Sikar)
5. Tehsildar, Tehsil Office Reengus (Sikar)
6. Patwari, Halka Reengus, Tehsil Reengus (Sikar) ----Respondents For Petitioner(s) : Mr. Sultan Singh Kuri, Adv. Mr. Prince Choudhary, Adv. For Respondent(s) : Ms. Shikha Sharma, Adv.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 18/09/2025
1. The petitioner in the present Public Interest Litigation has alleged that encroachment being made on the land of Khasra Nos.815 & 817 in Village Reengus, District Sikar which has been shown to be on the land of Gair Mumkin Rasta.
2. The Division Bench of this Court in Jagdish Prasad Meena & Ors. Vs State of Rajasthan & Ors.: D.B. Civil Writ Petition No.10819/2018 vide order dated 30.01.2019 in, has constituted a
[2025:RJ-JP:38229-DB] (2 of 2) [CW-14018/2025] Public Land Protection Cell (PLPC) Committee headed by the concerned District Collector and it was observed as under:-
“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 thePLPC should be decided by passing speaking
order,
informing
the
respective complainant/representationist about the action taken. This would obviate the necessity of such complainants/representationists approaching this Court directly by way of public interest litigation.”
3. It has been stated that a legal notice had also been served upon the respondent-authorities including District Collector, Sikar, raising the same grievance.
4. We expect that representation so submitted by the petitioner shall be considered by the PLPC constituted in terms of the
judgment dated 30.01.2019 and an appropriate order shall be passed in accordance with law after granting opportunity of hearing to the petitioner. We further direct that in cases where the Committee finds encroachment on the public way, appropriate action shall be taken for removal of the said encroachment within a period of two months.
5. Accordingly, the present civil writ petition stands disposed of.
6. All pending application(s), if any, also stand disposed of.
(SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/28