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2025 DAILYLAW 9728 (RAJ)

AUTAR MEENA S/O SHRI MATHURAYA v. THE STATE OF RAJASTHAN

CW/3564/2025 · 2025-04-30

Anand Sharma V J, Shree Chandrashekhar

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:18148-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 3564/2025 Autar Meena son of Shri Mathuraya, Aged About 48 Years, Resident Of Village Khandeep, Tehsil Wajirpur, District Sawai Madhopur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Government Secretariat, Janpath, Jaipur, Rajasthan. 2. Principle Secretary, Department Of Revenue, Government Secretariat, Janpath, Jaipur, Rajasthan. 3. District Collector, Chairman Of Public Land Protection Cell, Sawai Madhopur, District Sawai Madhopur, Rajasthan. 4. Additional District Collector-First Cum Officer In-Charge, Revenue Branch, District Sawai Madhopur, Rajasthan. 5. Sub-Divisional Commissioner, Bharatpur, Rajasthan. 6. Sub-Divisional Magistrate, Wajirpur, District Sawai Madhopur, Rajasthan. 7. Tehsildar Wajirpur, Tehsil Head Quarter Wajirpur, District Sawai Madhopur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Tushar Panwar, Adv. For Respondent(s) : Mr. G.S. Gill, AAG with Ms. Shikha Sharma, Adv. HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 30/04/2025 Heard. 2. Considering the limited prayer made in this writ petition, we are not inclined to call upon the respondents to file affidavit in this [2025:RJ-JP:18148-DB] (2 of 3) [CW-3564/2025] writ petition and the matter stands disposed in Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors: D.B. Civil Writ Petition No. 10819 of 2018. 3. The grievance of the petitioner is that there has been encroachment over the lands comprised under Khasra No. 1036 ad-measuring 0.30 hector and Khasra No. 1087 ad-measuring 0.29 hector situated at village Khandeep Tehsil Wajirpur in the district Sawai Madhopur. According to the petitioner, the aforesaid pieces of land are recorded as Gair Mumkin Rasta in the revenue records and has been used by the general public at large. 4. The petitioner has made following prayers:- i) the respondents/competent authorities may kindly be directed to remove the encroachments from the public path made over Khasra No. 1036 measuring 0.30 hector and Khasra No. 1087 measuring 0.29 hector situated at village khandeep, village panchayat Khandeep, Tehsil Wajirpur, District Sawai Madhopur and opened the public path/Gair Mumkin Rasta for use of the public at large and further respondents may kindly be direct to construct the road over the public path for use of the public at large so that restrain the encroachers for again encroaching the same; ii) the respondents may kindly be directed to take legal action against the encroachers as per law and further may kindly be directed to the respondents/competent authority to make recovery for using the land, by initiating appropriate legal proceeding from the encroachers, who cultivating over the land of public path; iii) Any other relief, order or direction which this Hon'ble High Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the humble petitioner and public at large. 5. While so, in the light of the decision rendered by Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors: D.B. Civil Writ Petition No. 10819 of 2018 wherein certain directions had been issued by this Court, we hereby direct District Collector, Sawai Madhopur to seek a report from the appropriate authority and then to take a decision in the matter within a period [2025:RJ-JP:18148-DB] (3 of 3) [CW-3564/2025] of four weeks. Needless to indicate that the authority conducting the inquiry shall give opportunity of hearing to the affected persons. 6. D.B. Civil Writ (PIL) Petition No. 3564/2025 is disposed with the aforesaid direction. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J HEENA/MAHIMA/49