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2025 DAILYLAW 48437 (RAJ)

MAHENDRA SINGH S/O LATE SHRI SHIV CHAND LUNIYA v. THE STATE OF RAJASTHAN

CW/16627/2025 · 2025-11-04

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:44293] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16627/2025 Mahendra Singh S/o Late Shri Shiv Chand Luniya, Aged About 36 Years, R/o Village Hamirwasbajawa, Tehsil And District Jhunjhunu (Rajasthan) ----Petitioner Versus 1. The State Of Rajasthan, Through Additional Chief Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The District Collector, Jhunjhunu. 3. The Sub-Divisional Officer, Jhunjhunu, District Jhunjhunu. 4. The Tehsildar, Tehsil Jhunjhunu, District Jhunjhunu. 5. The Patwar Halka Bishanpura, Tehsil Jhunjhunu, District Jhunjhunu. 6. Vijay Kumar S/o Ummed Singh, R/o Hamirwas Bajawa, Tehsil And District Jhunjhunu (Rajasthan) 7. Ishwar Singh S/o Gopalaram, R/o Hamirwas Bajawa, Tehsil And District Jhunjhunu (Rajasthan) ----Respondents For Petitioner(s) : Ms. Swati Sharma, Adv. for Mr. Subhash Sharma, Adv. For Respondent(s) : Mr. V.D. Gathala, AGC assisted by Ms. Poonam Rao, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 04/11/2025 1. The present petition has been filed by the petitioner with the following prayers:- It is, therefore, most respectfully prayed that your Lordship may graciously be pleased to accept and allow the writ petition and by an appropriate writ of mandamus, order or direction in nature thereof: [2025:RJ-JP:44293] (2 of 3) [CW-16627/2025] i) The respondent no.1 to 5 may kindly be directed to initiate immediate action to remove encroachment from Gair Mumkin government pasture land bearing Khasra no.109 rakba 1.81 hectare situated at village Hamirbasbajawa, Patwar Halka Bishanpura, Tehsil Jhunjhunu, District Jhunjhunu in compliance of the judgment dated 22.10.2018 passed by respondent no.4 which is illegally encroached and trespassed by the respondent no.6 & 7 respectively. ii) The respondent no.2 being Chairman of PLPC may also be directed to decide the notice for demand of justice of the petitioner sent through registered post on 22.08.2024 at the backdrop of judgment of Hon'ble High Court delivered in the case of Jagdish Prasad Meena (supra) by following the principle of natural justice. iii) Any other order which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioner along with cost of writ petition. 2. Learned counsel for the petitioner prays that the present petition be disposed of in light of the order dated 30.01.2019 passed by the Division Bench of this Court in the case of Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018] with liberty to the petitioner to file representation before Public Land Protection Cell (hereinafter referred to as 'PLPC'). 3. Mr. V.D. Gathala, learned AGC puts in appearance on behalf of the respondents. 4. In view of the submissions made by learned counsel for the petitioner, the present petition stands disposed of in light of the order passed in the case of Jagdish Prasad Meena (supra), with the direction to the petitioner to file representation before 'PLPC' [2025:RJ-JP:44293] (3 of 3) [CW-16627/2025] within a period of 15 days from the date of passing of this order and it is further directed that 'PLPC' shall decide the representation, if any, filed by the petitioner, after giving audience to the petitioner and other concerned persons in an expeditious manner preferably within a period of one month from the date of filing of the said representation by the petitioner. 5. With the aforesaid directions, the present petition stands disposed of. Stay application and any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J TANISHA /31