Citation : 2025 Latest Caselaw 9923 Raj
Judgement Date : 20 May, 2025
[2025:RJ-JD:24294]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7517/2025
Aadu Ram S/o Rama Ram, Aged About 48 Years, R/o Fehrani Sarno Ka Talan, Gram Panchayat Kosalu, Tehsil Sindhari, District Balotra (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.
2. The District Collector, Balotara.
3. Sub-Divisional Officer, Sindhari, District Balotara.
4. Tehsildar, Sindhari, District Balotra.
5. Sarpanch, Gram Panchayat Kosalu, Tehsil Sindhari, District Balotara.
----Respondents
For Petitioner(s) : Mr. D.L.R. Vyas
For Respondent(s) : Mr. Yogesh Sharma for
Mr. S.S. Ladrecha, AAG
JUSTICE DINESH MEHTA
Order
20/05/2025
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.
[2025:RJ-JD:24294] (2 of 2) [CW-7517/2025]
3. The notification dated 26.03.2025 qua revenue village -
'Binjaram Sutharon 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 26.03.2025 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 - Binja
Ram, prior to effecting any change in the name of the village,
particularly in light of his willingness to voluntarily hand over the
land. In case, the owner - Binja Ram appears 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.
7. The stay application also stands disposed of, accordingly.
(DINESH MEHTA),J 434-akansha/-
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