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Mr.A.S.Rathore For The vs Unknown on 18 November, 2013

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Rajasthan High Court - Jodhpur
Mr.A.S.Rathore For The vs Unknown on 18 November, 2013

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D.B.Civil (PIL) Writ Petition No.11686/2013 Samshu Khan V/s The State of Rajasthan and ors. 18.11.2013

Hon'ble the Chief Justice Mr.Amitava Roy

Hon'ble Mr.Justice P.K.Lohra

Mr.A.S.Rathore for the petitioner.

Heard learned counsel for the petitioner.

The petitioner claims himself to be the resident of Sindhi Nagar, Kaparda Tehsil Bilara District Jodhpur and has approached this Court in a representative capacity on behalf of the residents of the aforementioned village seeking appropriate writ and/or direction for removal of encroachment from the land bearing khasra no.420 situated thereat. The petitioner has stated that the land in the aforementioned khasra measures about 243 bighas and 17 biswas and is entered in the revenue record as gochar land, whereupon, a number of persons have encroached and have indulged in agricultural pursuits. Some have even sunk tube wells and have raised fences. That they have also resorted to indiscriminate cutting of trees, has been stated. According to the petitioner, all these activities have posed a serious hazard to the existence of the livestock of the village. He has alleged that though meanwhile the jurisdictional Gram Panchayat has passed a resolution on 28.1.2012 for removal of such encroachment and the local administration has been apprised thereof from time to time, no action has yet been taken. The petitioner has referred to the 2

representation dated 13.5.2013 claimed to have been submitted by him and other villagers on the issue to the Commissioner, Police, Jodhpur, Tehsildar Bilara and the District Collector, Jodhpur, which have remained unattended as on date. In


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