Jagdish Prasad Meena S/O Prabhati Lal … vs State Of Rajasthan … on 12 March, 2026

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    Rajasthan High Court – Jaipur

    Jagdish Prasad Meena S/O Prabhati Lal … vs State Of Rajasthan … on 12 March, 2026

    [2026:RJ-JP:10363-DB]
    
             HIGH COURT OF JUDICATURE FOR RAJASTHAN
                         BENCH AT JAIPUR
    
                 D.B. Civil Writ Petition (PIL) No. 18984/2025
    
    Jagdish Prasad Meena S/o Prabhati Lal Meena, Aged About 61
    Years, R/o Gram Gopalpura Post Kesheri Tehsil Thanagazi District
    Alwar.
                                                                           ----Petitioner
                                           Versus
    1.       State Of Rajasthan, Through Chief Secretary, Govt.
             Secretariat, Jaipur.
    2.       Tehsildar Alwar, District Alwar, Rajasthan.
    3.       District Collector, Alwar, District Alwar, Rajasthan.
                                                                        ----Respondents
    For Petitioner(s)            :     Mr. Vivek Yadav for
                                       Dr. Mahesh Sharma.
    For Respondent(s)            :     Ms. Shikha Sharma for
                                       Mr. G.S. Gill, AAG.
    
    
    
    

    HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
    HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

    Order

    SPONSORED

    12/03/2026

    1. This writ petition has been preferred under Article 226 of the

    Constitution of India claiming the following reliefs:-

    “a. May kindly issue directions the Respondents to conduct an
    inquiry against the encroachment being done on Public land
    designated as Gair Mumkin Rada and Gair Mukin Johdi.
    b. May kindly issue directions the encroachers to dismantle
    any structures built in violation of laws.
    c. May kindly impose penalties on the encroachers for
    violating the public rights of the villagers.”

    2. A Division Bench of this Court in Jagdish Prashad Meena &

    Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition

    (PIL) No.10819/2018, vide order dated 30.01.2019, has

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    directed creation of Public Land Protection Cell(PLPC) for rural

    areas in every district; the relevant portion of the order reads as

    follows:-

    “This Court is inundated with large number of writ
    petitions, styled as public interest litigation, from almost
    all the Districts of the State, with allegations of
    encroachment over the pasture land/ land of ‘johad’,
    ‘talab’/ river/river bed/public way/ Shamshan/Kabristan
    etc. In all such petitions, common allegation is that
    despite repeated complaints/representations to the
    concerned revenue officers, no steps are taken by them
    to remove the encroachment. This results in number of
    writ petitions being filed by the
    complainants/representationists before this Court. This
    Court has been passing orders in such matters requiring
    the respective District Collectors to examine the factual
    content of the allegations and take steps to remove the
    encroachments so as to secure such land.

    In order therefore to provide a pan-Rajasthan solution
    to this ever persisting problem, we deem it appropriate
    to direct the Chief Secretary of the State to devise a
    permanent mechanism, which should be operational in
    every District of the State where the concerned District
    Collector should be required to periodically notify for the
    information of the general public to lodge the
    complaints/representations with regard to such
    encroachments with a specially designated Public Land
    Protection Cell (for short ‘PLPC’) for rural areas. The
    PLPC should be headed by District Collector and
    function under his direction and supervision. The PLPC
    shall get such complaints/representations enquired into
    by deputing concerned Sub Divisional Officer/Tehsildar/
    Naib Tehsildar so as to verify whether or not such
    encroachments have actually taken place on such land.
    If the allegations are found to be substantiated,
    appropriate steps in accordance with law be
    immediately taken for removal of the encroachments
    and appropriate penal action be also taken against the
    trespassers. The complaints/representations received in
    the PLPC should be decided by passing speaking order,
    informing the respective complainant/representationist
    about the action taken. This would obviate the necessity
    of such complainants/ representationists approaching

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    this Court directly by way of public interest litigation. If
    this practice is put in place, this Court would not be
    inclined to directly entertain such public interest
    litigation or would do so only in the event of inaction on
    the part of the concerned PLPC.

    The PLPC aforementioned shall also keep in view the
    guidelines issued by the Supreme Court in Jagpal
    Singh & Others Vs. State of Punjab & Others
    ,
    (2011) 11 SCC 396 wherein all the State
    Governments of the country were directed that they
    should prepare schemes for eviction of
    illegal/unauthorised occupants of the Gram Sabha/Gram
    Panchayat/Poramboke/ Shamlat land and the same
    must be restored to the Gram Sabha/Gram Panchayat
    for the common use of villagers of the village. The said
    scheme should provide for the speedy eviction of such
    illegal occupants, after giving them a show cause notice
    and a brief hearing. It was further held therein that long
    duration of the illegal encroachment/occupation of land
    or huge expenditure in making construction thereon or
    political connections of trespassers are no justification
    for regularising such illegal occupation. Regularisation
    should be permitted only in exceptional cases where
    lease has been granted under some government
    notification e.g. to landless labourers or members of
    Scheduled Castes/Scheduled Tribes or where there is
    already a school, hospital, dispensary, ‘shamshan’,
    ‘kabristan’ or other public utility of the like nature on
    the land.

    Observations of the Supreme Court in Jagpal Singh
    (supra) thus leaves no manner of doubt that removal
    of encroachment on all such land is a rule and
    regularisation an exception and that too in extremely
    limited number of cases, which only the Government
    can do by appropriate notification of the government
    and no other authority.

    List this matter on 14.03.2019.

    A copy of this order be sent to the Chief Secretary of
    the State of Rajasthan, Government Secretariat, Jaipur,
    who shall ensure compliance of this order and do the
    needful for creation of Public Land Protection Cell
    (PLPC) for rural areas. A copy of this order be also
    provided to Mr. Anil Mehta, learned Additional Advocate
    General for compliance. ”

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    3. Learned counsel for the petitioner submitted that the

    petitioner may be permitted to submit a representation before the

    PLPC and respondents be directed to dispose of the same within a

    period of two months.

    4. Accordingly, the writ petition stands disposed of in view of

    the directions issued by a Division Bench of this Court in Jagdish

    Prashad Meena (supra) while giving liberty to the petitioner to

    make a representation before PLPC and the respondents shall

    decide the same within a period of two months, from the date of

    receiving the certified copy of this order, strictly in accordance

    with law. The instant order shall not prejudice the case on merits

    in any manner. It is made clear that PLPC shall also give notice to

    the private respondents before arriving at a considered conclusion.

    (VINIT KUMAR MATHUR),J (PUSHPENDRA SINGH BHATI),J

    6-Nitin/Shahenshah/-

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