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.
K.Khatri/p2/
9901CW2011Nov2Adj.doc
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