Petitioner has filed this public interest litigation in connection with illegal encroachment over gochar land bearing Khasra No. 1858, 1859/2, 1860, 1861,
1862 situated at Gram Dheerajpura and Dhani Gujrala, Tan Govinddaspura, Panchayat Tyonda, Tehsil Khetri, District Jhunjhunu.
Learned counsel for the petitioner has submitted that this Court vide order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan & Others
(D. B. P.I.L. Petition No. 4419/2019) has directed the petitioner therein to approach the respondents by filing a detailed representation, who were
further required to examine the grievances of the petitioner therein and do the needful within a period of three months from the date of filing of the
representation.
Order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan & Others (D. B. P.I.L. Petition No. 4419/2019) reads as under:
“This public interest litigation petition has been filed by the petitioner contending that he is resident of Village Bass Bijoli, Tehsil Surajgarh, District
Jhunjhunu. Certain residents of that village have made illegal encroachments on charagah land (pond/johad) bearing Khasra No. 139/38 which has
resulted into obstruction of the flow of water into village pond/johad and deprived the villagers of its use. It is contended that Circular dated 25.04.2011
has been issued by the State Government in compliance of judgment of the Supreme Court in Jagpal Singh & Others Vs. State of Punjab & others,
AIR 2011 SC 1123 whereby allotment or regularisation of charagah land/catchments of a pond/water reservoirs and ponds for private or commercial
purposes has been stopped with immediate effect. Tehsildar, Surajgarh vide order dated 26.11.2018 has declared them trespassers on charagah land
and directed the Inspector (L.R.) and Patwari Halka to remove their illegal encroachments. Notices have also been served on the encroachers in
pursuance of the aforesaid order. However, the trespassers have refused to remove the encroachments. The Inspector (LR) prepared a report with
the help of Patwari Halka on 04.01.2019 stating that there is an apprehension of disturbance of peace at the site and removal of encroachment is
possible only with the help of JCB machines, tractors and police force etc. It is submitted that the encroachers are being provided electricity
connection and the poles have also been erected over the disputed land. It is quite possible that after providing electricity connections, the charagah
land will be allotted/regularised in favour of the encroachers.
This Court vide order dated 30.01.2019 passed in Jagdish Prasad Meena & Others Vs. State of Rajasthan & Others, D.B. Civil Writ Petition (PIL)
No. 10819/2018 took note of fact that large number of writ petitions are being filed before this Court styled as public interest litigation petitions which
pertained to encroachment over the pasture land/ land of ‘johad’, ‘talab’/ river/river bed/public way/ Shamshan/Kabristan etc. and
directed the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the
concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/representations
with regard to such encroachments with a specially designated Public Land Protection Cell (for short ‘PLPC’) for rural areas. It was further
directed by this Court that the PLPC should be headed by District Collector and function under his direction and supervision.
The PLPC shall get such complaints/representations enquired into by deputing concerned Sub Divisional Officer/Tehsildar/Naib Tehsildar so as to
verify whether or not such encroachments have actually taken place on such land. If the allegations are found to be substantiated, appropriate steps in
accordance with law be immediately taken for removal of the encroachments and appropriate penal action be also taken against the trespassers. The
complaints/ representations received in the PLPC should be decided by passing speaking order, informing the respective complainant/ representationist
about the action taken. It was observed that this would obviate the necessity of such complainants/ representationists approaching this Court directly
by way of public interest litigation.
In view of above, instead of directly entertaining this public interest litigation petition, this Court requires the petitioner to approach the respondents by
filing a detailed representation along with copy of aforesaid order, who shall examine the grievances of the petitioner and do the needful within a
period of three months from the date of filing of the representation.
With the aforesaid direction, writ petition stands disposed of.
Stay Application No. 4156/2019 also stands disposed of.†\
In view of the above order, the petitioner is directed to approach Respondent No. 7 by filing a detailed representation along with copy of this order and
the grievances of the petitioner shall be examined by Respondent No. 7 and needful be done within a period of three months from the date of filing of
the representation.
Petition stands disposed of accordingly.
