Citation : 2025 Latest Caselaw 15152 Raj
Judgement Date : 11 November, 2025
[2025:RJ-JD:48480]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14370/2023
1. Bhanwar Lal S/o Kirta Ram, Aged About 44 Years,
Resident Of Village Pannawas, Post Undu, Tehsil Shiv
District Barmer (Raj.)
2. Bhera Ram S/o Kheraj Ram, Aged About 41 Years,
Resident Of Village Pannawas, Post Undu, Tehsil Shiv
District Barmer (Raj.)
3. Mota Ram S/o Bhagaram, Aged About 70 Years, Resident
Of Village Pannawas, Post Undu, Tehsil Shiv District
Barmer (Raj.)
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary, Revenue
Department, Govt. Of Rajasthan, Secretariat, Jaipur
2. The Secretary, Rural Development And Panchayati Raj
Department, Secretariat, Jaipur
3. The District Collector, Barmer.
4. Sub Division Officer, Shiv, District Barmer
5. Tehsildar, Shiv District Barmer.
6. Gram Panchayat, Undu Panchayat Samiti Shiv, District
Barmer (Raj.), Through Its Village Development Officer.
7. Nandram S/o Hardas, R/o Village Pannawas, Post Undu,
Tehsil Shiv, District Barmer
----Respondents
For Petitioner(s) : Mr. A.R. Godara.
For Respondent(s) : Mr. N.S. Rajpurohit, AAG with
Mr. Sher Singh Rathore.
Mr. Sanjay Nahar, for R/7.
HON'BLE DR. JUSTICE NUPUR BHATI
Order 11/11/2025
1. This writ petition has been filed by the petitioners with the
following prayers:
"A/ By an appropriate writ, order or direction, the order dated 18.04.2023 (Annex-16) passed by the Government of Rajasthan as well as order dated 03.05.2023 (Annex.-
17) passed by the District Collector (LR) Barmer may kindly be quashed and set aside.
B/ By an appropriate writ, order or direction, the respondents may kindly be directed to declare the name of the area in question as already named Rao ki Dhani revenue village.
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C/ By an appropriate writ, order or direction the respondents may kindly be directed to convene the Gram Sabha of Gram Panchyat Undu, Tehsil Shiv, District Barmer and also be directed to consider the proposal dated 22.12.2022 (Annex-) issued by the gram Panchayat Undu Panchayat Samiti Shiv District Barmer. D/ Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances in the case.
E/ Writ petition filed by the petitioners may kindly be allowed with costs."
2. Learned AAG submits that the controversy involved in the
present writ petition is squarely covered by the Co-ordinate Bench
of this Court vide order dated 23.09.2025 passed in SBCWP
No.14930/2025 along with other connected matters titled as Mala
Ram & Anr. Vs. State of Rajasthan & Ors wherein, the Co-
ordinate Bench has dismissed the writ petition while granting
liberty to the petitioners to file representation before the
competent authority of the State Government within a period of
30 days and the State Authority was directed to consider and
decide the representation as expeditiously as possible.
3. Learned counsel for the petitioners vehemently opposed the
submissions made by the learned AAG, contending that the
present case is distinguishable from Mala Ram (supra). He
submits as per the governing law and Government of Rajasthan's
guidelines for creation of new revenue villages, a village cannot be
named after any individual, caste, religion, or community.
However, while altering the limits of village Pannawas, the new
village was named Hardas Nagar after the father of respondent
no.7, who holds no public recognition. Such naming and the
consequent notification dated 18.04.2023 are contrary to the
prescribed rules and therefore liable to be quashed and set aside.
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4. Learned counsel for the petitioner submits that the impugned
action of the respondents is not in consonance with the
government guidelines dated 20.08.2009. He submits that though
he has not mentioned the date of circular / guidelines dated
20.08.2009 in the writ petition, however, the respondents have
violated the aforementioned guidelines.
5. He further submits that the impugned notification is not in
consonance with the Section 8A of The Rajasthan Panchayati Raj
Act, 1994, to which, learned AAG submits that under Section 15 of
the land The Rajasthan Land Revenue Act, 1956, the power to
abolish / division or alter is strictly with the State Government.
6. Learned counsel for the petitioner further submits that the
present case is square covered by the case of Moola Ram Vs.
State of Rajasthan & ors.: S.B. Civil Writ Petition
No.3470/2025, decided on 18.02.2025 along with other
connected matters and by the case of Pukh Raj Vs. State of
Rajasthan & Ors.: S.B. Civil Writ Petition No.7244/2025,
decided on 13.05.2025.
7. Regarding this, learned AAG submits that the order passed in
the case of Moola Ram (supra) was duly considered in the case of
Mala Ram (supra), wherein, after considering the case of Moola
Ram (supra), the writ petitions were dismissed. He further
submits that the case of Pukh Raj (supra) is also not applicable to
the present case as already submitted that provisions of
Panchayati Raj Act are not applicable in the present case, wherein,
the government takes a decision to create / abolish / alter or
division to create a new revenue village.
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8. Upon consideration, this Court finds that the controversy
involved in the present matter is squarely covered by the
judgment dated 23.09.2025 rendered in Mala Ram (supra),
wherein the Coordinate Bench had considered and dismissed
similar challenges relating to naming of newly created revenue
villages after particular individuals or influential persons. learned
counsel for the petitioners has failed to demonstrate any
substantial distinction between the present case and the decision
rendered in Mala Ram (supra). Therefore, the reasoning and
principles settled therein apply with equal force to the facts at
hand.
9. Thus in view of the above, the instant writ petition is
dismissed in the same terms as in the case of Mala Ram
(supra). The petitioners would be at liberty to file representation
before the competent authority of the State Government within 30
days from today. In case, a representation(s) are so filed, it is
expected from the concerned State Authority that the same shall
be considered and decided as expeditiously as possible.
10. The stay petition as well as all pending applications, if any,
stand dismissed accordingly.
(DR.NUPUR BHATI),J 208-Sumit/-
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