Rajasthan High Court - Jodhpur

Mula Ram vs The State Of Rajasthan ... on 11 August, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:35712]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 14785/2025

1.       Mula Ram S/o Moti Ram, Aged About 40 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
2.       Kailash Makar S/o Moti Ram, Aged About 25 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
3.       Jetha Ram S/o Mohan Ram, Aged About 40 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
4.       Maghi Devi W/o Jetha Ram, Aged About 38 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
5.       Pema Ram S/o Rakha Ram, Aged About 27 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
6.       Shrawan Kumar S/o Rekha Ram, Aged About 40 Years, R/
         o Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
7.       Birbal Ram S/o Heera Ram, Aged About 25 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
8.       Dhanni D/o Bhaira Ram, Aged About 22 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
9.       Durga Ram S/o Thaker Ram, Aged About 34 Years, R/o
         Ganesh Nagar - Chimana, Jodhpur, District Phalodi,
         Rajasthan - 342311.
                                                                      ----Petitioners
                                       Versus
1.       The    State      Of     Rajasthan,          Through       Its   Secretary,
         Department Of Revenue, Government Of Rajasthan,
         Secretariat, Jaipur, Rajasthan.
2.       The District Collector, Phalodi, Rajasthan.
                                                                    ----Respondents




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For Petitioner(s)          :     Ms. Laxmi Rathore
For Respondent(s)          :     Mr. Yogesh Sharma for
                                 Mr. S.S. Ladrecha, AAG



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

11/08/2025

1. By way of filing the present civil writ petition under Article

226 of the Constitution of India, the petitioner has prayed for the

following reliefs:-

"It is therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and further be pleased to issue an appropriate writ order or direction in the nature thereof thereby:-

1. By an appropriate writ order or direction, respondents may kindly be directed to quash and set aside the order dated 25/07/2025 (Annexure 1) regarding to the impugned modified notification to the extent of Ganesh Nagar from original village/ Gram Panchayat Chimana, district Phalodi.

2. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."

2. Heard learned counsel for the parties. Perused the material

available on record.

3. Having perused the impugned order dated 25.07.2025

passed by the Deputy Secretary, Department of Revenue (Group-

I), Jaipur, this Court finds that the order impugned has been

passed by the respondent in compliance of the judgment dated

18.02.2025 passed in the batch of writ petitions led by 'Moola

Ram vs. State of Rajasthan & Ors.' in S.B.C.W.P. No.3470/2025

wherein the co-ordinate Bench of this Court has held that no new

village shall be created in the name of any person/ caste/sub-

caste or religion.

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4. The relevant portion of the judgment passed in 'Moola Ram'

(supra) is reproduced below for the ready reference:-

"11. For brevity Clause 4 of the Circular dated 20.08.2009 reads as under:

"नवीन राजस्व ग्राम प्रस्तावित करते समय उसके नाम का प्रस्ताव भी fHktok;k जाये। नाम का निर्धारण करते समय यह सुनिश्चित किया जाये कि ग्राम का नाम किसी व्यक्ति, धर्म, जाति अथवा उप जाति के आधार पर नहीं हो। जहां तक सम्भव हो, ग्राम का नाम आम सहमति से प्रस्तावित किया जाये। "

12. The amendment made in clause 4 of the Circular 20.08.2009 vide circular dated 17.02.2025 issued by the State Government reads as under:-

अतः नवीन राजस्व ग्राम घोषित करने के संबंध में विभाग के परिपत्र दिनांक 20.08.2009 के बिन्द ु संख्या-4 में निम्नानुसार संशोधन किया जाता है :-

"प्रस्तावित राजस्व ग्राम के नाम का चयन स्थानीय ग्राम पंचायत द्वारा सर्वसम्मति से निर्णय पारित कर ग्राम सभा का सहमति प्रस्ताव एवं ग्राम पंचायत की अनापत्ति प्रमाण-पत्र नवीन ग्राम के प्रस्ताव में आवश्यक रूप से संलग्न प्रेषित किया जावे। ग्राम का नाम पूर्व प्रचलित ढाणियों के नाम अनुसार/आमजन में अभ्यस्त नाम/शहीद (प्रमाणित दस्तावेज की प्रति), महापरू ु ष आदि के नाम पर स्थानीय जनभावना को ध्यान में रखते हुए प्रस्तावति किये जावें । यथा संभव प्रस्तावित ग्राम का नाम व्यक्ति, धर्म, जाति अथवा उपजाति के आधार पर नहीं हो। ग्रामों के नाम का चयन करते समय इस बात का ध्यान रखा जाना आवश्यक है कि मूल तहसील में उसी नाम का कोई ग्राम या कस्बा आदि न हो, जिससे आमजन में भ्रांति की स्थिति उत्पन्न न हो।

बिन्द ु संख्या 4 के अतिरिक्त परिपत्र दिनांक 20.08.2009 में उल्लेखित अन्य मानदण्ड यधावत रहें गे।"

13. Section 16 of the Rajasthan Land Revenue Act gives power to the State Government for creation of new villages in State of Rajasthan while undertaking the exercise for creation of new villages. For this purpose, the parameters/guidelines mentioned in the circular dated 20.8.2009 are required to be adhered to by the State Government.

14. As per the amended Clause 4, the parameters required for giving the name to the newly created revenue village has been mentioned. There are certain restrictions, which have been imposed keeping in mind the ethos of democracy and larger

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public interest. Although, this Court takes note of the fact that amended clause 4 has been passed in liberalized form though the sanctity of checks and balances have been mentioned.

15. Perusal of amended Clause 4 clearly shows that the State Government has modified the earlier clause 4 of the circular dated 20.08.2009 vide its circular dated 17.02.2025 and Gram Panchayats have now been directed to get a resolution passed by majority in the Gram Sabha and that proposal is required to be sent to the State Government. A bare reading of the provision stated above shows that a newly created village should not be named after any person, caste, sub-caste or religion and in the present batch of writ petition it is named after a person, caste and sub-caste. "Gogaji" is a local deity worshiped by a particular community.

16. In the considered opinion of this Court, there is a purpose and intention to incorporate clause 4 in the terms that no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.

17. As it has been noted that the proposal sent to the State Government was in utter violation of circular dated 20.8.2009, the Collector, Jodhpur vide his letter dated 10.2.2025 had taken note of the same and issued guidelines for sending the proposal in conformity with the condition/clause mentioned in circular dated 20.8.2009. On the similar line, the Board of Revenue has also issued letter dated 10.2.2025 to District Collector, Barmer. The State Government has also received some representations wherein the same grievances were raised. Taking into consideration all these facts, the State Government brought amendment in circular dated 20.8.2009. Since the learned AAG has already submitted before this Court that the State Government has issued an amendment in clause 4 by circular dated 17.2.2025, this Court is of the considered view that the notification issued by the State Government dated 20.1.2025 is in violation of clause 4 of the circular dated 20.8.2009. Similarly, all such notifications akin to notification dated 20.1.2025 issued by the State Government, which are subject matter in other writ petitions filed before this Court are also dehors the provisions of clause 4 of circular dated 20.8.2009.

18. In view of the discussion made above, the present writ petition and the batch of writ petitions are disposed of by quashing and setting aside the notification dated 20.1.2025 and other similar notifications issued by the State Government. The State Government is directed to initiate fresh process for creation of new revenue villages adhering to the parameters/guidelines mentioned in the circulars dated 20.8.2009 and 17.2.2025.

19. The directions issued hereinabove shall also be made applicable for the cases in which the notification for creation of new villages has not been issued and the same are in process.

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20. The order passed by this Court will be made applicable only qua the petitioners, who have approached this Court.

21. All the pending interlocutory applications as well as the stay applications also stand disposed of accordingly.

22. Office is directed to keep photostat copy of this order in each of the aforesaid writ petitions."

4. In the present case, this Court finds that newly created

village was named as Ganesh Nagar which prima facie is a deity

worshiped by a particular community.

5. In view of aforesaid, the present writ petition as well as stay

application stand dismissed.

(KULDEEP MATHUR),J 43-divya/-