Rajasthan High Court - Jaipur
Udaibhan Singh vs State Of Raj And Ors on 2 December, 2016
Bench: K.S. Jhaveri, Dinesh Mehta
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.
DB Civil Writ (PIL) Petition No.13293/2016
Udaibhan Singh S/o Late Shri Raghuveer Singh, Aged about 54
years, by caste Rajput, R/o Village Sirohi Kalan, Via Dadu,
District Jaipur (Raj.).
Permanent Account No.-CSDPS4897Q
Mob. No.9829170968
Versus
1. The State of Rajasthan through the Chief Secretary,
Government of Rajasthan, Government Secretariat, Jaipur
(Raj.).
2. The District Collector, Collectorate, Jaipur (Raj.).
3. The Sub-Divisional Officer, Village Dudu, District Jaipur
(Raj.).
4. The Tehsildar, Dudu, Teh. Dudu, Distt. Jaipur (Raj.)
5. The Sarpanch, Village Panchayat Sirohi Kalan, Teh.
Dudu, Distt. Jaipur (Raj.).
DATE OF ORDER ::: 02.12.2016.
HON'BLE MR. JUSTICE K.S. JHAVERI
HON'BLE MR. JUSTICE DINESH MEHTA
Mr. Vishwajeet Mantri, for the petitioner.
1. The petitioner has prayed against illegal encroachment in public interest. In view of numerous matters, we are of the opinion that the petitioner is required to first approach to the District Collector and point out to the Collector that illegal encroachment is made on the Government land for which the petitioner will file application with the following details:-
"(i) Whether the petitioner is regular residents of the village and whether they are regular tax-payers of the revenue of the State Government or not and whether they have paid all taxes till date.2
(ii) They will produce the survey number of revenue record if the land being Government land and will also produce revenue record of the land in question and will show the proof that the same is encroached by encroacher for which they will produce photo-graphs or any other proof to show that the land is encroached.
(iii) If such an application is made within four weeks from today, the District Collector Jaipur will examine the matter and will prepare a Panchnama and will give his finding whether the land is Government land and encroachment is there and if there is any illegality found then such encroachment will be removed in accordance with law within a period of six months from the date of receipt of the representation of the petitioner."
2. With the aforesaid observations, this petition stands disposed of.
(DINESH MEHTA), J. (K.S. JHAVERI), J. Asheesh Kr. Yadav 09