REWADIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS regards Special Appeal -441/2013, leave stands granted. Instant intra Court appeals have been preferred by certain alleged encroachers & also by Gram Panchayat Dalpura who is supporting the cause of alleged encroachers on the pretext that there could be regularization of such persons who are residing over the pasture land for a plenty long time, while there is a mandate of the Apex Court in the judgment of Jagpal Singh & Ors. vs. State of Punjab & Ors., : (2011) 11 SCC 396 giving certain directions to the respective State Governments regarding removal of such encroachments and that appears to be the reason adopted by the State Government for taking further steps regarding removal/ejectment of all such alleged encroachers may be residing/occupying for a plenty long time. The Apex Court in the judgment (supra) observed as under: -

(2.) AS it reveals from the record that one Ex -Sarpanch filed a writ petition before this Court with the grievance that some anti social elements have encroached upon part of khasra No. 110 measuring 5.6 hectares in village Gothara, Tehsil Nadoti, District Karauli and they deserve to be removed.

(3.) AS it reveals from the record that Gram Panchayat Dalpura filed DB Civil Special Appeal (Writ) No. 359/2013 and the Division Bench in its order dt. 21.03.2013 observed that after the counsel for appellant argued the case at length on merits sought permission to withdraw the special appeal with liberty to file review application and obviously if somebody asks for withdrawal of the appeal with liberty to file review application the Division Bench grants permission as prayed for. The Gram Panchayat Dalpura in the review petition prayed that there was recommendation of Sub -Divisional Officer for regularization in favour of such alleged encroachers and circular Annx. R/4 has also been issued in this regard. However, the learned Single Judge has not taken cognizance of the report and observed that direction was to the District Collector to hold enquiry and take appropriate steps regarding removal of encroachments over khasra No. 110 which as pointed out is a recorded pasture land and all encroachments be treated with the same standards/yardsticks and whosoever is a encroacher including original writ petitioner shall be removed and as regards procedure being followed for removal of encroachments it was open for the authorities to take steps provided under the law.