Friday, May 17, 2013

In the Other Courts: Rajasthan High Court

Villagers Of Gram Panchayat vs Chief Secretary State Of Raj Ors on 2 November, 2011
In the High Court of Judicature for Rajasthan
Jaipur Bench


Civil Writ Petition No.9901/2011
Villagers of Gram Panchayat Gothara
Versus Chief Secretary State & Ors
Date of Order ::: 02/11/2011
Hon'ble Mr. Justice Ajay Rastogi
Mr. Manoj Kr. Choudhary, for petitioner
Mr. Zakir Hussain, Addl. Govt. Counsel for respondents-2 to 4

Petitioner has approached this Court with the grievance that encroachments are being made over pasture land but no action has been taken by the District Collector authority despite judgment dt.26/01/2011 of the Apex Court in SLP(C) No.3109/2011 (Jagpal Singh & Ors Vs. State of Punjab & Ors). Counsel has also furnished details of such encroachments over pasture/siwai chak land, alongwith instant petition. It also appears that reply to the writ petition has been filed by respondents-2 to 4and a list has been furnished along with the reply from which it is clear that encroachments have been made over pasture/siwai chak land to be more particular, over Khasra Nos.110 measuring 5.6 hectares and Khasra No.244 in village Gothara Tehsil Nadoti district Karauli. Government counsel further submits that the petitioner is also encroacher over pasture land, for which dispute has been raised in the instant petition. Nobody is entitled to seek shelter atleast from this Court in discretionary jurisdiction if he is encroacher including petitioner, if so. Before proceeding further, this Court considers it appropriate to direct the respondents to remove all encroachments including if made by petitioners over the land in question after adopting due process of law; and submit its report duly attested by the Collector, Karauli alongwith affidavit. List for orders on 12/12/2011 as prayed.

(Ajay Rastogi), J.



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