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2026 DAILYLAW 4086 (RAJ)

PARTAL SINGH S/O LATE SHRI SUKHA v. STATE OF RAJASTHAN

CW/5568/2026 · 2026-03-30

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:13245] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5568/2026 Partal Singh S/o Late Shri Sukha, Resident Of Village Barkheda, Tehsil Pahadi, District Deeg (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur. 2. The District Collector, District Deeg, Rajasthan. 3. The Sub-Divisional Officer, Pahadi, District Deeg, Rajasthan. 4. The Tehsildar, Pahadi, District Deeg, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vinod Jhajharia For Respondent(s) : HON'BLE MR. JUSTICE ANUROOP SINGHI Order 30/03/2026 1. The present petition has been filed by the petitioner with the following prayers:- "It is, therefore, most humbly prayed that your Lordships may kindly be pleased to call for the entire record relating to the case, examine the same and accept and allow this writ petition, and - (i) by issuance of an appropriate writ, order or direction in the nature thereof and thereby direct the respondents to remove the encroachment from the gair mumkin public way bearing Khasra No.179 situated in Village Barkheda, Tehsil Pahadi, District Deeg; (ii) by issuance of an appropriate writ, order or direction in the nature thereof and thereby direct the respondents [2026:RJ-JP:13245] (2 of 3) [CW-5568/2026] to ensure restoration of the said public way for free and unhindered use by the petitioner and general public; (iii) by issuance of an appropriate writ, order or direction in the nature thereof and thereby direct the respondents to take necessary action against the persons found to have encroached upon the said public way; (iv) Any other appropriate writ, order or directions, which is deemed just and proper by this Hon'ble Court may also be passed in favour of the petitioner. (v) Costs of the writ petition may also be awarded in favour of the petitioner.” 2. Learned counsel for the petitioner submits that in the present matter, the petitioner has submitted representations before the Tehsildar, Tehsil Pahadi, and the District Collector, District Deeg, however, no heed was paid to the said representations by the said authorities. 3. Learned counsel for the petitioner prays that the present writ 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(s) before the Public Land Protection Cell (hereinafter referred to as ‘PLPC’) constituted in compliance of the order passed in the case of Jagdish Prasad Meena (supra). 4. In that view of the matter, the present writ petition stands disposed of in light of the order passed in the case of Jagdish Prasad Meena (supra) with a direction to the petitioner to file representation(s) before the PLPC. It is further directed that the PLPC shall decide the representation(s), if any, filed by the petitioner, after affording an opportunity of hearing to the [2026:RJ-JP:13245] (3 of 3) [CW-5568/2026] petitioner within a period of two months from the date of receipt of this order. 5. Pending application(s), if any, stand disposed of. 6. Needless to say, this order has been passed only to decide the petitioner’s representation and in no manner is to be construed as a direction to decide the said representation in a particular manner. (ANUROOP SINGHI),J VINAY /6