SHIV CHARAN Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-1-247
HIGH COURT OF RAJASTHAN
Decided on January 06,2015

SHIV CHARAN Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner contending that one Shri Brijendra S/o. Shri Kadheru by caste Jatav R/o. Basaiya Kalan, Tehsil Nadbai, District Bharatpur had made encroachment on Khasra No. 114 Rakba 0.47 hectare which is public way situated at Village Kothen Kalan, Tehsil Nadbai, District Bharatpur by making house, hut and burji etc. about which the petitioner and villagers had made complaint to Respondent No. 2. It is submitted that on the direction of the Tehsildar, Nadbai, Patwari inspected the site and prepared report on 24.12.2013. The Tehsildar Nadbai initiated proceedings bearing Case No. 01/2014 under Sec. 91 of the Land Revenue Act. The Tehsildar, Nadbai vide order dt. 17.01.2014 ordered to dispossess Shri Brijendra from the land of the way and imposed 50 times penalty on him. It is further contended that in compliance of order dt. 17.01.2014, Shri Brijendra was dispossessed from the land and construction made by him was demolished but debris has not been cleared from the public way. The petitioner and the villagers of the village Kothen Kalan met with Respondent No. 2 so many times and submitted written applications on 12.05.2014, 17.06.2014 and 04.07.2014 on which the Respondent No. 2 directed the Respondent No. 3 to look into the matter, but no action has been taken by Respondent No. 3. At present because of debris being spread all over the public way, the petitioner and villagers are facing difficulty in movement and suffering hardship due to blockage of public way. Having regard to the facts aforesaid, the petitioner is required to approach the Collector and District Magistrate, District Bharatpur or the Tehsildar, Tehsil Nadbai, District Bharatpur for removal of debris by way of filing representation along with copy of this order who shall consider and decide the same by passing speaking order within reasonable time.
(2.) WITH the aforesaid direction, writ petition is disposed of.;


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