Citation : 2026 Latest Caselaw 2341 Raj
Judgement Date : 13 February, 2026
[2026:RJ-JD:8404]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2068/2019
1. Devendra Kumar S/o Shri Bhanwarlal, Aged About 55
Years, Resident Of Vilalge - Dhorron Ka Mohalla, Kankroli,
Tehsil And District Rajsamand (Raj.).
2. Manju Devi W/o Devendra Kumar,, Aged About 49 Years,
Resident Of Village- Dhorron Ka Mohalla, Kankroli, Tehsil
And Dist. - Rajsamand (Raj.).
3. Sunil Kumar S/o Shri Bhanwarlal Sharma,, Aged About 50
Years, Resident Of Village- Dhorron Ka Mohalla, Kankroli,
Tehsil And Dist. - Rajsamand (Raj.).
----Petitioners
Versus
1. The State Of Rajasthan, Through Dy. Secretary Local Self
Government, Government Of Rajasthan, Jaipur (Raj.).
2. The Executive Officer, Municipal Council, Rajsamand,
District Rajsamand.
3. Chairman, Municipal Board, Municipal Council,
Rajsamand, District Rajsamand.
4. The Executive Engineer Public Work Department,
Irrigation Road, Rajsamand.
5. The District Collector, Collector, Collectrate, Rajsamand,
Dist- Rajsamand.
----Respondents
Connected With
S.B. Civil Writ Petition No. 14792/2018
1. Man Singh S/o Hamer Singh, Aged About 57 Years,
Resident Of Village - Salampura- Javad, Gram Panchayat,
Dhoinda, Tehsil Rajsamand, Dist- Rajsamand (Raj.)
2. Shankar Kanwar W/o Tej Singh, Aged About 61 Years,
Resident Of Village - Salampura- Javad, Gram Panchayat,
Dhoinda, Tehsil Rajsamand, Dist- Rajsamand (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Dy. Secretary Local Self
Government, Government Of Rajasthan, Jaipur (Raj.)
2. The Executive Officer, Municipal Council, Rajsamand,
District- Rajsamand.
3. Chairman, Municipal Board, Municipal Council,
Rajsamand, District - Rajsamand.
4. The Executive Engineer Public Works Department,
Irrigation Road Rajsamand.
5. The District Collector, Collectrate, Rajsamnad, Dist-
Rajsamand.
----Respondents
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[2026:RJ-JD:8404] (2 of 3) [CW-2068/2019]
For Petitioner(s) : Mr. Swaroop Singh Sisodia
Mr. Jaipal Singh
Mr. Kishor Kumar
Mr. Akshay Deep Singh Sisodia
For Respondent(s) : Ms. Meenal Singhvi for
Mr. Rajesh Panwar, AAG
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 13/02/2026
1. Present writ petition has been filed seeking relief under the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, in relation to the land
of petitioner, which is said to have been utilized for the purpose of
construction of 'Gaurav Path' without undertaking acquisition
proceedings and without payment of compensation.
2. While replying to present writ petition, respondents stated in
Para 3 of the reply that, as a matter of fact, petitioners
themselves had orally surrendered the land in question for
construction of the road.
3. Later on, additional affidavit was placed on record annexing
a site inspection report said to have been prepared on 08.08.2023
by a team led by Assistant Engineer, PWD, Rajsamand, wherein it
has been mentioned that no construction had been carried out
upon the land of petitioner.
4. This Court finds that the averments made in the reply as well
as in the said site inspection report, filed along with the additional
affidavit, shows contradictory stands taken by the State
Department.
5. A bare perusal of the said site inspection report dated
08.08.2023 shows that site inspection was not conducted using
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[2026:RJ-JD:8404] (3 of 3) [CW-2068/2019]
any technical or scientific methodology, and there appears
apparent manipulation in the report by insertion of a sentence in
different ink.
6. On 02.02.2026, learned counsel for the respondents was
directed to make submissions with regard to said site report.
Learned counsel for the respondents fairly submits that fresh
instructions may be ordered so as to clarify status regarding use
of petitioner's land for construction of road.
7. Learned counsel for the petitioners submits that respondents
are changing their stand and may undertake inspection in a
manner so as to deprive petitioners of their legitimate right of fair
compensation.
8. However, this Court deems it appropriate to direct District
Collector, Rajsamand to constitute a team consisting of Inspector,
Land Records and other competent officers, which shall undertake
a detailed survey of petitioner's land, in presence of petitioner, and
shall prepare a comprehensive report regarding actual location of
petitioner's land and land of petitioner said to be used for
construction of 'Gaurav Path'.
9. Entire exercise shall be completed within a period of three
weeks from today.
10. List the matter on 10.03.2026.
11. The report shall be filed before this Court by that time.
(SANJEET PUROHIT),J 148-149-JatinS/-
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