Rajasthan High Court - Jodhpur
Shivkaran vs State Of Rajasthan ... on 1 July, 2025
[2025:RJ-JD:28253-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 809/2025
Shivkaran son of Shri Jassa Ram, aged about 53 years, resident
of Village Gopal Nagar, Gram Panchayat Radod, Tehsil
Bhopalgarh, District Jodhpur (Rajasthan).
----Appellant
Versus
1. State of Rajasthan, through the Secretary, Department of
Revenue, Government of Rajasthan, Jaipur (Rajasthan).
2. The Sub Registrar (Land Records), Board of Revenue,
Rajasthan, Ajmer (Rajasthan).
3. The District Collector, Collectorate, Jodhpur (Rajasthan).
4. The Tehsildar, Bhopalgarh, District Jodhpur (Rajasthan).
----Respondents
For Appellant(s) : Mr. Jog Singh Bhati, Advocate
Mr. Shravan Dass, Advocate
For Respondent(s) : Mr. Ravindera Jala, Advocate
Mr. Deepak Suthar, Advocate for
Mr. SS Ladrecha, AAG
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
01/07/2025
(Per Hon'ble Mr. Sandeep Shah, J)
The appellant has filed the present Appeal being aggrieved
against the judgment dated 23rd May 2025 passed in S.B. Civil
Writ Petition No.9322 of 2025 whereby though the notification
dated 28th March 2025 qua creation of new revenue village
Raikabag was quashed and set aside but the State respondents
have been permitted to proceed with creation of a new revenue
village in any other name in accordance with law, more
particularly, in light of what has been observed in the case No.
[2025:RJ-JD:28253-DB] (2 of 5) [SAW-809/2025]
S.B. Civil Writ Petition No.7275 of 2025 "Joga Ram & Anr. v. State
of Rajasthan & Ors.".
2. The brief facts of the case are that the Sarpanch Gram
Panchayat Radod Panchayat Samiti Bhopalgarh, District Jodhpur
moved a proposal for creation of a new revenue village in the
name of Raikabagh which was approved by the Corum of the
Gram Panchayat and the proposal was forwarded to the Tehsildar
concerned. It has been alleged by the appellant that the Corum
was not complete and that the proposal so made was based upon
fraudulent signatures of two of the ward Panches and thus the
villagers submitted a representation to the Vikas Adhikari,
Panchayat Samiti, Bhopalgarh and also to the Tehsildar. The
Tehsildar had initiated an inquiry through the Nayab Tehsildar. It
has further been the case of the appellant that the representation
was submitted to the District Collector, Jodhpur also and upon his
instruction the Tehsildar was directed to initiate an inquiry after
giving an opportunity of hearing to the villagers.
3. Pursuant to the direction issued by the District Collector a
notice inviting objections was issued by the Tehsildar concerned on
28th March 2025 directing the villagers to submit their objection
while appearing in person on 02nd April 2025. The appellant
submitted that in spite of pendency of the inquiry, the Tehsildar in
the meanwhile on 18th March 2025 without adjudicating the
objections had forwarded to the Sub-Divisional Officer, Bhopalgarh
the proposal for constitution of new village Raikabag and the
Sub-Divisional Officer in turn had forwarded the proposal for
issuance of the notification to create the new village Raikabag on
[2025:RJ-JD:28253-DB] (3 of 5) [SAW-809/2025]
19th March 2025. The State Government thereafter issued the
notification in question without adjudication of the objections
raised by the villagers that too on the same date that is
28th March 2025, the date wherein the Tehsildar had asked the
villagers to submit their objections up till 02nd April 2025.
4. The learned counsel for the appellant submits that though
the notification has been quashed and set aside by the learned
Single Judge however, liberty has been given to create a new
village in any other name in accordance with law without
considering the fact that other than the name of the village, the
objection was also with regard to constitution of the revenue
village and the manner in which the proceedings were undertaken.
It has been asserted that the Tehsildar himself vide
correspondence dated 28th March 2025 had invited objections from
the villagers qua the constitution of village, based upon the
instructions given by the District Collector but without even
adjudicating the objections, on the same date that is on
28th March 2025 itself the notification in question has been issued.
The learned counsel thus submits that the order in question while
giving liberty to the respondents to create new village in another
name, essentially takes away the right of the petitioners and the
villagers to get their objection adjudicated with regard to the
creation of the new revenue village.
5. Per contra, the learned counsel appearing for the State
Government has supported the order and submitted that
essentially the grievance of the appellant has been addressed by
the learned Single Judge inasmuch as the notification in question
[2025:RJ-JD:28253-DB] (4 of 5) [SAW-809/2025]
has been quashed and therefore, nothing remains to be
adjudicated. He however is not in a position to dispute the fact
that on the same date, based upon the direction issued by the
District Collector, the Tehsildar invited objections from the villagers
against proposed creation of the new revenue village but without
adjudicating the same the notification in question has been issued
on the same date i.e. 28th March 2025 for creation of the new
revenue village.
6. Heard the learned counsel for both the sides. As far as the
quashing of the notification qua creation of new revenue village in
the name of Raikabag is concerned, the same has already been
quashed and set aside by the learned Single Judge based upon the
judgment passed in "Joga Ram & Anr. v. State of Rajasthan &
Ors." in S.B. Civil Writ Petition No.7275 of 2025 and "Moola Ram
v. State of Rajasthan" in S.B. Civil Writ Petition No.3470 of 2025
to the extent the name of the village is concerned. However, the
objection with regard to the creation of the village itself and as to
whether the guidelines have been followed qua the creation of the
same, no adjudication has been done, more particularly when the
objection in question was to be considered by the Tehsildar himself
pursuant to the directions issued by the District Collector.
7. In that view of the matter, the right of the petitioner to raise
an objection with regard to the creation of the new revenue village
has to be adjudicated upon by the District Collector, at the behest
of whom, the inquiry was initiated and was pending consideration
wherein the date was fixed as 02 nd April 2025 for submission of
the applications.
[2025:RJ-JD:28253-DB] (5 of 5) [SAW-809/2025]
8. Therefore the order dated 23rd May 2025 passed by the writ
Court is modified with a direction to the Collector at Jodhpur to
hear and decide the representations filed by the villagers including
the writ petitioner, namely, Shivkaran with regard to constitution
of new revenue village Raikabag and to issue the fresh
notification, if permissible under law but only post-consideration of
the objections.
9. D.B. Special Appeal Writ No. 809 of 2025 stands disposed of.
(SANDEEP SHAH),J (SHREE CHANDRASHEKHAR),J
38-charul/-
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