The Rajasthan High Court dismissed a Public Interest Litigation (PIL) filed by the petitioner making sweeping allegations of encroachment over public land/ pasture land.
Under the scheme of the Rajasthan Land Revenue Act, 1956, any allegation with regard to encroachment on revenue land including pasture land, public land or any other land is required to be brought to the notice of the Tehsildar, who is competent to remove encroachment under Section 91 of the Act.
The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas find that petitioner has submitted representation to the District Collector presumably for the reason that a Division Bench of the Court in case of Jagdish Prasad Meena & Ors Vs. State of Rajsthan & Ors. (2018) , has directed to create a permanent mechanism through Public Land Protection Cell comprising of District Collector, Sub-Divisional Officer and Tehsildar concerned.
The Bench further found that on the basis of such representation made by the petitioner, the Collector forwarded the matter to SubDivisional Officer, Fatehgarh, who, in turn, vide its order dated 27.06.2024, directed the Tehsildar, Fatehgarh to examine the same, carry out spot inspection and take necessary steps in accordance with law.
“The aforesaid developments, as disclosed from the records itself show that the matter has already taken up for consideration by the Revenue Authorities. This petition has been filed without waiting for a reasonable time for the Revenue Authorities to complete inquiry on allegation of encroachment. Therefore, we are not inclined to issue notice nor to issue any direction at this stage,” the order reads.