- (1.) HEARD learned counsel for the petitioner.
(2.) THE petitioner is a resident of village Rupawas in the District Pali. He has averred that in the said village, a plot of land measuring about 70 bighas and included in khasras no. 2066, 2228, 2229 and 2230, is entered in the revenue record as gochar land and gair mumkin rasta. He has alleged that on this pasture land, the respondent no. 6 made encroachment and has further constructed his boundary wall. He has alleged as well that this respondent has cut the trees standing on this land. Referring to Rule 165 of the Rajasthan Panchayati Raj Rules, 1996 (for short, hereinafter referred to as "the Rules"), the petitioner has stated that in terms thereof, the jurisdictional Panchayat is empowered to constitute a committee to conduct survey of trespass in abadi land, tank bed and grazing grounds and to report in writing about trespass cases on pasture land or tank bed to the Tehsildar concerned alongwith its resolution for registering cases and eviction of trespassers. According to the petitioner, in view of the encroachment and other illegal activities of the respondent no. 6, the Gram Panchayat Rupawas has meanwhile taken resolutions on 21.5.2011 and 13.10.2011 for necessary remedial steps and have also submitted a number of representations with the District Collector, Pali and the Sub Divisional Officer, Sojat District Pali. That several representations have also been submitted to the above effect by the villagers, has also been mentioned. The petitioner has contended that there are about 10,000 cattle in the village dependent on this land for their sustenance and that encroachment thereof and felling of trees have adversely affected these animals alongwith other live -stock in existence thereat. The petitioner has alleged that as inspite of repeated representations and appeals, the respondents have remained indifferent thereto, he has approached this Court for redress.
(3.) AFTER hearing the learned counsel for the petitioner and on a consideration of the averments made in the writ petition as well as the documents appended thereto, we are of the view that it would meet the ends of justice if this petition is closed by leaving the petitioner at liberty to file a fresh representation detailing all relevant facts before the District Collector, Pali, if so advised, within a period of 10 days herefrom. If such a representation is filed, the District Collector, Pali would cause an enquiry to be made in connection therewith and after affording reasonable opportunity of hearing to the persons concerned, pass an appropriate order thereon in accordance with law. This exercise as intended should be completed within a period of six weeks from the date of receipt of the representation. It would be open to the petitioner to file alongwith the representation a copy of the writ petition as well as of this order. The petition thus stands disposed of in the above terms.;