Rajasthan High Court - Jodhpur
Heera Ram vs State Of Rajasthan (2025:Rj-Jd:26222) on 28 May, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:26222]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9004/2025
1. Heera Ram S/o Shri Ram, Aged About 46 Years,
Bhutaniyo Ki Dhani, Gram Panchayat Pokrasar, Tehsil
Chohtan, District Barmer.
2. Shri Ram S/o Basti Ram, Aged About 31 Years, Bhutaniyo
Ki Dhani, Gram Panchayat Pokrasar, Tehsil Chohtan,
District Barmer.
3. Fusa Ram S/o Shankar Lal, Aged About 49 Years,
Bhutaniyo Ki Dhani, Gram Panchayat Pokrasar, Tehsil
Chohtan, District Barmer.
4. Satish Kumar S/o Gopa Ram, Aged About 35 Years,
Bhutaniyo Ki Dhani, Gram Panchayat Pokrasar, Tehsil
Chohtan, District Barmer.
5. Ghevarchand S/o Basti Ram, Aged About 62 Years,
Bhutaniyo Ki Dhani, Gram Panchayat Pokrasar, Tehsil
Chohtan, District Barmer.
6. Radheshyam S/o Shri Ram, Aged About 36 Years,
Bhutaniyo Ki Dhani, Gram Panchayat Pokrasar, Tehsil
Chohtan, District Barmer.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary To The
Government, Rural Development And Panchayati Raj
Department, Government Of Rajasthan, Jaipur.
2. The District Collector, Barmer.
3. Sub-Divisional Officer, Chohtan, District Barmer
4. Tehsildar, Chohtan, District Barmer
5. Sarpanch, Gram Panchayat Pokrasar, Tehsil Chohtan,
District Barmer
----Respondents
For Petitioner(s) : Mr. DLR Vyas
For Respondent(s) : Mr. Yogesh Sharma for Mr. SS
Ladrecha, AAG
[2025:RJ-JD:26222] (2 of 3) [CW-9004/2025]
JUSTICE DINESH MEHTA
Order
28/05/2025
1. Learned counsel submitted that the issue involved in the
present writ petition is squarely covered by judgment dated
18.02.2025 passed by co-ordinate Bench of this Court in the case
of Moola Ram Vs. State of Rajasthan (S.B. Civil Writ Petition
No.3470/2025) and observations made by this Court in the case
of Joga Ram & Anr. Vs. State of Rajasthan & Ors. (S.B. Civil
Writ Petition No.7275/2025), decided on 08.05.2025.
2. Following the reasoning given in the cases of Moola Ram and
Joga Ram (supra), the present writ petition is allowed.
3. The notification dated 15.01.2025 qua revenue village -
'Bhanwar Lal Sharma Ki Dhani' is hereby quashed and set aside.
4. The respondent - State shall, however, be free to create
revenue village in any other name in accordance with law, more
particularly in light of what has been observed in the case of Joga
Ram (supra).
5. It is hereby made clear that the quashment of the
notification dated 15.01.2025 shall not require the State to initiate
the proceedings for the creation of revenue village afresh; only
the proceedings related to the change in name shall be
undertaken.
6. The State shall be free to challenge the name of the revenue
village, however, it shall be incumbent upon the Revenue
Authorities to obtain the consent of the owner of the land -
Bhanwarlal Sharma, prior to effecting any change in the name of
the village, particularly in light of his willingness to voluntarily
[2025:RJ-JD:26222] (3 of 3) [CW-9004/2025]
hand over the land. In case, the owner - Bhanwarlal Sharma
agrees to hand over the land irrespective of the change in the
name of the village, then the centre of the village may be fixed on
the land proposed to be gifted/surrendered by him. Otherwise, the
centre of the village shall be fixed on any other unencumbrated
land, on which development of village amenities is feasible and
permissible.
7. The stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
322-raksha/-
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