Rajasthan High Court - Jodhpur
Dharmendra Kala & Ors vs State & Ors on 2 March, 2017
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 12029 / 2015
1. Dharmendra Kala s/o Shri Panna Ram, by caste Jat, aged
about 30 years, resident of Jhujanda, Tehsil Jaitaran District Pali.
2. Inder Singh s/o Shri Gop Singh, by caste Rajput, aged about
60 years, resident of Jhujanda, Tehsil Jaitaran District Pali.
3. Nema Ram s/o Shri Ratna Ram, by caste Jat, aged about 40
years, resident of Jhujanda, Tehsil Jaitaran District Pali.
4. Bodu Singh s/o Shri Ram Singh, aged about 35 years, by
caste Rajput, resident of Jhujanda, Tehsil Jaitaran District Pali.
5. Narayan Ram Karesiya s/o Shri Shiv Ram, aged about 50
years, resident of Jhujanda, Tehsil Jaitaran District Pali.
6. Shimbhu Nath s/o Shri Prem Nath, aged 35 years, by caste
Nath, resident of Jhujanda, Tehsil Jaitaran District Pali.
7. Narayan Punia s/o Shri Gokul Ram, aged about 65 years,
resident of Jhujanda, Tehsil Jaitaran District Pali.
8. Dharma Ram Tada s/o Shri Bhana Ram Tada, resident of
Jhujanda, Tehsil Jaitaran District Pali.
----Petitioners
Versus
1. The State of Rajasthan through District Collector, Pali.
2. The Sub Divisional Officer, Jaitaran District Pali.
3. The Tehsildar, Jaitaran District Pali.
.....Respondents
_____________________________________________________
For Petitioner(s) : Mr.B.R.Chahar
For Respondent(s) : Mr.O.P.Boob, GC
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
Order 02/03/2017
1. By way of this writ petition, the petitioners are seeking directions to the respondents to remove the encroachment over the pasture land measuring 5 bighas 10 biswas comprising khasra (2 of 2) [CW-12029/2015] no.125, 152, 228 situated at village Jhujanda, Tehsil Jaitaran, District Pali.
2. The respondents in the reply to the petition has taken a categorical stand that the land comprising khasra no.125, 152 and 228 of village Jhujanda is recorded as "Ramdeoji Oran land" in the revenue record and on the report being received regarding encroachment, the proceedings have been initiated under Section 91 of the Rajasthan Land Revenue Act, 1956 for removal of the encroachment.
3. A Bench of this court in the matter of "Gulab Kothari vs. State of Rajasthan", [D.B.Civil Writ Petition (PIL) No.1554/04 and other connected matters], has already issued directions for removal of encroachments over the pasture land in the State and therefore, the respondents are under an obligation to take appropriate steps immediately to remove the encroachment over the pasture land.
4. Accordingly, the petition is disposed of with the directions to the respondents to remove the encroachment over the pasture land in question forthwith. It will be responsibility of the District Collector, Pali and the Sub Divisional Officer, Jaitaran to ensure that encroachment over the pasture land is removed forthwith. No order as to costs.
(SANGEET LODHA)J. Aditya/