Rajasthan High Court - Jodhpur
Vinod Kumar vs The State Of Rajasthan ... on 10 July, 2025
[2025:RJ-JD:29915-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 15938/2024
1. Vinod Kumar son of Shri Om Prakash Sharma, aged about
42 years, resident of Ward No. 4, Kanwalasar, Adsisar,
Tehsil Sardarshahar, District Churu (Rajasthan).
2. Ramkishan son of Shri Asharam, aged about 34 years,
resident of Village Kanwalasar, Adsisar, Tehsil
Sardarshahar, District Churu (Rajasthan).
3. Ram Kumar son of Shri Om Prakash, aged about 36
years, resident of Kanwalasar, Adsisar, Tehsil
Sardarshahar, District Churu (Rajasthan).
4. Shankar Lal son of Shri Ramlal, aged about 37 years,
resident of Kanwalasar, Adsisar, Tehsil Sardarshahar,
District Churu (Rajasthan).
5. Purna Das son of Shri Savan Das, aged about 66 years,
resident of Kanwalasar, Adsisar, Tehsil Sardarshahar,
District Churu (Rajasthan).
----Petitioners
Versus
1. The State of Rajasthan, Rural Development and
Panchayati Raj Department, through its Secretary.
2. The District Collector, Churu (Rajasthan).
3. The Sub Divisional Officer (Revenue), Sardarshahar,
District Churu (Rajasthan).
4. The Tehsildar (Revenue), Sardarshahar, District Churu
(Rajasthan).
5. The Chief Executive Officer, Zila Parishad Churu, District
Churu (Rajasthan).
6. The Block Development Officer, Panchayat Samiti
Sardarshahar, District Churu (Rajasthan).
7. Lalchand Jakhar son of Shri Tulsadas Jakhar, resident of
Kanwalasar, Tehsil Sardarshahar, District Churu
(Rajasthan).
8. Natharam Saharan son of Ramratan Saharan, resident of
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[2025:RJ-JD:29915-DB] (2 of 3) [CW-15938/2024]
Kanwalasar, Tehsil Sardarshahar, District Churu
(Rajasthan).
9. Lalchand Sharma son of Shri Manaram Sharma, resident
of Kanwalasar, Tehsil Sardarshahar, District Churu
(Rajasthan).
10. Ganpat Das son of Shri Rewenat Das Swami, resident of
Kanwalasar, Tehsil Sardarshahar, District Churu
(Rajasthan).
11. Chotturam Das son of Shri Rewenat Das Swami, resident
of Kanwalasar, Tehsil Sardarshahar, District Churu
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. Sandeep Bishnoi, Advocate
For Respondent(s) : Mr. I.R. Choudhary, AAG
Mr. Ravindra Jala, Advocate for
Mr. S.S. Ladrecha, AAG
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/07/2025
Alleging encroachments over Johad Paitan Lands situated at
Khasra Nos.375, 271, 567, 493, 267, 210 and 498 at village
Kanwalasar and over public ways situated at Khasra Nos. 485,
486, 540, 106 and 501 passing through several villages, the
present writ petition labeled as Public Interest Litigation has been
filed. The petitioners have also raised major allegation of
encroachment over Gair Mumkin Shamshan Bhumi and Gair
Mumkin Gochar Land situated at village Kanwalasar.
2. Mr. Sandeep Bishnoi, the learned counsel appearing for the
petitioners submits that in view of the decision in the case of
[2025:RJ-JD:29915-DB] (3 of 3) [CW-15938/2024]
"Jagdish Prasad Meena" and other judgments, encroachments
over the subject lands are liable to be removed by the
respondents.
3. In the counter affidavit, the respondents have stated thus:
"1. That it is submitted that the Tehsildar by order dated
06.12.2024 issued a letter in regard to the present PIL filed by the
petitioner. It is also submitted that the District Collector has been
appointed as Officer in charge. After examining the various khasra
no. i.e. 375, 271, 567, 493 and 498 it was found that there is an
encroachment on the land in dispute by 18 people which are in
possession of the disputed land and have also made Pacca Houses
and Badas, it is also relevat to mention here that during inspection
it was found that all the 18 persons are encroachers and have
encroached the land illegally and in compliance of removal of these
encroachment notices were being issued under section 91 of Land
Revenue Act, 1956.
2. That it is also submitted that the Naib Tehsildar Sardar Sahar
has granted and opportunity to all the encroachers in regard to the
encroachment made by these 18 encroachers and an opportunity of
hearing was given and after hearing the 18 encroachers the order
for 52 removal of encroachment was given. It is also relevant to
mention that after following the due procedure of the law the Naib
Tehsildar Sardar Shahar ordered to remove and in compliance of
such 5 of the illegal encroachment out of 18 has already been
removed and the remaining of the land the other 13 encroacher
have built pacca houses and pacca bada and thus, to pursue with
the proceeding the Tehsildar wrote a letter to District Collector to
seek an appropriate direction for the removal these encroachment
as for removing of such houses and bada they shall be a need of
appropriate government officials and cooperation of police shall also
be needed in regard to the removal of these encroachments."
4. In view thereof, D.B. Civil Writ Petition No. 15938 of 2024 is
disposed of.
(SANDEEP SHAH),J (SHREE CHANDRASHEKHAR),J
145-Ravi Khandelwal
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