MAHIPAL SINGH S/O ANI SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-12-11
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on December 03,2019

Mahipal Singh S/O Ani Singh Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

NARENDRA SINGH DHADDHA,J. - (1.) Petitioner has filed this public interest litigation under Article 226 of the Constitution of India in connection with illegal encroachment over Government land.
(2.) Learned State counsel has submitted that this Court vide order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan and Others (D. B. P.I.L. Petition No. 4419/2019) has directed the petitioner therein to approach the respondents by filing a detailed representation, who were further required to examine the grievances of the petitioner therein and do the needful within a period of three months from the date of filing of the representation.
(3.) Order dated 01.03.2019 passed in Anand Kumar Vs. State of Rajasthan and Others (D. B. P.I.L. Petition No. 4419/2019) reads as under: "This public interest litigation petition has been filed by the petitioner contending that he is resident of Village Bass Bijoli, Tehsil Surajgarh, District Jhunjhunu. Certain residents of that village have made illegal encroachments on charagah land (pond/johad) bearing Khasra No. 139/38 which has resulted into obstruction of the flow of water into village pond/johad and deprived the villagers of its use. It is contended that Circular dated 25.04.2011 has been issued by the State Government in compliance of judgment of the Supreme Court in Jagpal Singh and Others Vs. State of Punjab and others, AIR 2011 SC 1123 whereby allotment or regularisation of charagah land/catchments of a pond/water reservoirs and ponds for private or commercial purposes has been stopped with immediate effect. Tehsildar, Surajgarh vide order dated 26.11.2018 has declared them trespassers on charagah land and directed the Inspector (L.R.) and Patwari Halka to remove their illegal encroachments. Notices have also been served on the encroachers in pursuance of the aforesaid order. However, the trespassers have refused to remove the encroachments. ;


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