MEETHA LAL SAINI S/O SHRI BAHADUR SAINI v. THE STATE OF RAJASTHAN
CW/18000/2025 · 2025-11-25
Sandeep Taneja
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49198 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49198 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47732] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18000/2025
1. Meetha Lal Saini S/o Shri Bahadur Saini, Aged About 45 Years, R/o Village Pal, Nandoti, Karauli, District Karauli (Rajasthan).
2. Jagmohan Saini S/o Shri Gopal Mali, Aged About 45 Years, R/o Village Pal, Karauli, District Karauli (Rajasthan)
3. Babu Lal Mali S/o Shri Ram Sahay Mali, Aged About 62 Years, R/o Village Pal, Karauli, District Karauli (Rajasthan)
4. Vijay Mali S/o Shri Kanji Mali, Aged About 48 Years, R/o Village Pal, Karauli, District Karauli (Rajasthan)
5. Punya S/o Shri Badri, Aged About 51 Years, R/o Village Pal, Karauli, District Karauli (Rajasthan). ----Petitioners Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Revenue, Secretariat, Jaipur (Rajasthan).
2. The District Collector Karauli, District Karauli (Rajasthan).
3. The Sub-Divisional Officer Nandoti, District Karauli (Rajasthan).
4. The Tehsildar, Tehsil Nandoti, District Karauli (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Mr. Umesh Choudhary for Mr. V.D. Ghatala, AGC HON'BLE MR. JUSTICE SANDEEP TANEJA
Order 25/11/2025
1.
Learned counsel for the petitioner seeks limited intervention of the Court and submits that the petitioner would be satisfied, if appropriate directions are given to the Public Land Production Cell constituted in pursuance of the directions given by the Division
[2025:RJ-JP:47732] (2 of 4) [CW-18000/2025] Bench of this Court to decide the representation of the petitioner regarding grievances raised in the present writ petition. 2. Limited prayer of the petitioner deserves acceptance. 3. The present petition has been filed on behalf of the petitioner with the following prayer:-
“By issue appropriate, writ, order or direction the respondents be directed to remove encroachment over the land of khasra No. 1971/15, 1971/18, 1971/19, 1971/24, 2185/13, 2185/14, 2185/16, 2185/17, 2185/20, 2185/21, 2185/22, 2185/23, 2185/24, 2185/25, 2185/26, 2185/27, 2185/28, 2185/29, 2185/30, 2185/31, 2185/32, and 2185/33 as well as other land being used as Charagah/Government land located at Village Pal, land record Inspector Talchida, Tehsil Nandoti, District Karauli (Rajasthan) and may kindly be declared ab-initio-void all the allotments which made contrary to the provisions of law and in alternate the respondents be directed to consider the representation of the petitioners through PLPC for removing encroachment. ii. Any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also be passed in favor of the petitioner,”
2. Learned counsel for the petitioner submits that several complaints/representations have been submitted by the petitioner before the concerned Revenue Authorities including District Collector, Karauli, who is Chairman of Public Land Protection Cell (hereinafter referred to as ‘PLPC’) for removal of encroachment from the land in dispute, but no heed has been paid by the concerned Authorities. 3. The issue is in regard with removal of encroachment over the pasture land/land of johad, talab/ river/ river bed/ public way/Shamshan/ Kabristan etc. i.e. it means all types of public utility lands was considered by the Division Bench of this Court vide order dated 30.01.2019 passed in case of Jagdish Prasad
[2025:RJ-JP:47732] (3 of 4) [CW-18000/2025] Meena & Ors. Vs. State of Rajasthan & Ors. [D.B. Civil Writ Petition (PIL) No.10819/2018]. The Division Bench vide impugned order dated 30.01.2019, directed the State Government to constitute 'PLPC' to deal with the issues in regard with such encroachments and in pursuance thereof, special designated 'PLPC' has been constituted in the rural areas headed by concerned District Collector.
It is incumbent for the 'PLPC' to inquire and examine such complaints/representations made with allegations of encroachment over the public utility lands by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to verify whether or not such encroachments have actually taken place on such lands. If the allegations of encroachment are found to be sustained, the 'PLPC' may take appropriate steps in accordance with law for removal of encroachments and appropriate panel action be also taken against the trespassers. It was further observed that the complaints/representations received by the 'PLPC', shall be decided by passing a speaking order with due information to the respective complainant about the action taken. Thus, it is for the 'PLPC' to consider the issue and if any, encroachment as alleged by petitioner over the public utility lands is found, appropriate action/steps be taken in that regard. 4. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to deal with the issue of encroachment as raised by the petitioner in the present writ petition, therefore, the present petition is disposed of with liberty to petitioner to file a comprehensive representation before the concerned 'PLPC' in addition of the earlier representations within a period of 15 days
[2025:RJ-JP:47732] (4 of 4) [CW-18000/2025] from the date of passing of this order. The 'PLPC' is directed to examine and inquire the allegations made in the representations on merits and pass a reasoned and speaking order after giving opportunity of hearing to the affected persons, preferably within a period of two month from the date of receipt of the said representation. 5. With the aforesaid directions, the present petition stands
disposed of.
6. Stay application and any other pending applications also stand disposed of.
(SANDEEP TANEJA),J ashu /5