Tuesday, February 24, 2015

In the Court of Judicature for Rajasthan

1 D.B. CIVIL WRIT PETITION (PIL) No.660/2013

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. CIVIL WRIT PETITION (PIL) No.660/2013
Bhanwaroo Khan & Ors. vs. State of Rajasthan & Ors.

DATE OF ORDER :                             19th February, 2013

HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
HON'BLE MR. JUSTICE V. K. MATHUR

Mr. Sandeep Shah, for petitioners.

Heard learned counsel for the petitioners.

2. The petitioners have preferred this public interest litigation for removal of illegal encroachments from land bearing Khasra No.189 situated in Village Kalusar, Tehsil Sardarsahar, District Churu, which is 'Gair Mumkin Paitan'.

 3. Submission of learned counsel for petitioners is that land in dispute bearing Khasra No.189 is described as 'Gair Mumkin Paitan' in Jambandi for S.Yr.2062, the respondent Nos.5 to 8 have encroached on the said government land. He submitted that every year an action is taken against respondents and even their articles are ceased, but still they have not been removed so far by District Administration. He further submitted that the Hon'ble Apex Court in Jagpal Singh vs. Punjab State, Civil Appeal No.1132/2011 decided on 28th January, 2011 has held that there cannot be any allotment and regularization of land falling in catchment of a bond/water reservoirs. He also referred the Circular dated 25th April, 2011 (Annex.12) issued 2 D.B. CIVIL WRIT PETITION (PIL) No.660/2013 by State Government on the basis of judgment of Hon'ble Apex Court. He also submitted that petitioners have made number of representations to all the concerned authorities including SDO and Collector and also to Hon'ble The Chief Minister, but no action has been taken against respondent Nos. 5 to 8 in this regard.

4. We have considered the submissions of learned counsel for the petitioners.

5. From Revenue Record i.e. Jamabandi placed on record as Annexure-11, it is clear that land bearing Khasra No.189 in Village Kalusar is 'Gair Mumkin Paitan' and as per the judgment of Hon'ble Apex Court, it cannot be allotted and regularized in favour of anyone. We further find that petitioners have represented the District Administration, but no action has been taken so far.

6. In these circumstances, we are of the view that petitioners should approach the District Collector, Churu again along with order of this Court and Collector, Churu be directed to examine and decide the representation of the petitioners, in accordance with law and in case, any persons are found in illegal encroachment over the land in dispute, then to take immediate action for their removal.

7. Consequently, we dispose of this writ petition with liberty to petitioners to move fresh representation in this regard. It is directed that in case, the petitioners move a representation within a period of fifteen days from today along with copy of this order, then District Collector, Churu is directed to examine and decide the same within a period of 3 D.B. CIVIL WRIT PETITION (PIL) No.660/2013 one month thereafter and in case, a finding is recorded that there is encroachment over the land in dispute, then to take immediate action for removal of encroachments over land in dispute, in accordance with law.

8. The stay application No.536/2013 also stands disposed of.

(V. K. MATHUR),J.                                                                                                           

(NARENDRA KUMAR JAIN),J.

Sanjay, JrPA 
S.No.

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
Sanjay Solanki
JUNIOR PERSONAL ASSISTANT.






http://courtnic.nic.in/jodh/judfile.asp?ID=CW&nID=660&yID=2013&doj=2%2F19%2F2013