Gordhan Singh vs The State Of Rajasthan ...
2026 Latest Caselaw 2805 Raj

Citation : 2026 Latest Caselaw 2805 Raj
Judgement Date : 19 February, 2026

[Cites 7, Cited by 0]

Rajasthan High Court - Jodhpur

Gordhan Singh vs The State Of Rajasthan ... on 19 February, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:9220]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
                    S.B. Civil Writ Petition No. 3791/2026

1.        Gordhan Singh S/o Shri Rughnat Singh, Aged About 65
          Years, Resident Of Village Bharamsar, Tehsil Pokran
          District Jaisalmer, Rajasthan.
2.        Vijay Singh S/o Rughnath Singh, Aged About 55 Years,
          Resident Of Village Bharamsar, Tehsil Pokran District
          Jaisalmer, Rajasthan.
3.        Mag Singh S/o Gordhan Singh, Aged About 22 Years,
          Resident Of Village Bharamsar, Tehsil Pokran District
          Jaisalmer, Rajasthan.
4.        Sang Singh S/o Vijay Singh, Aged About 20 Years,
          Resident Of Village Bharamsar, Tehsil Pokran District
          Jaisalmer, Rajasthan.
                                                                       ----Petitioners
                                        Versus
1.        The State Of Rajasthan, Through                              Commissioner
          Colonization, Bikaner, Rajasthan.
2.        The Dy. Commissioner, Colonization Nachana, District
          Jaisalmer, Rajasthan.
3.        The Colonization Tehsildar,                 Nachana        No.   1   District
          Jaisalmer, Rajasthan.
                                                                     ----Respondents


For Petitioner(s)              :    Mr. Binja Ram
For Respondent(s)              :    -


             HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/02/2026

1. Learned counsel for the petitioners, at the outset, submits

that identical matter involving the identical issue, has been

disposed of by this Court in Jannat & Ors. Vs. State of Rajasthan &

Ors.: S.B. Civil Writ Petition No.16992/2018, decided on

01.11.2018 and prayed that similar order be passed in the present

case also. The order dated 01.11.2018 reads thus:-

"Heard learned counsel for the petitioners.

Perused the material available on record.

(Uploaded on 19/02/2026 at 07:03:18 PM)

[2026:RJ-JD:9220] (2 of 2) [CW-3791/2026]

The petitioners claim to be in possession of a chunk of agricultural land in the village Nachana, District Jaisalmer through their ancestors, who were allegedly cultivating the land even before the enactment of the Rajasthan Land Revenue Act, 1956. The petitioners received a notice under Section 22 of the Rajasthan Colonization Act treating them to be trespassers over the said chunk of land. They filed a suit for declaration under Sections 88, 188 read with Section 15 of the Rajasthan Tenancy Act; and Sections 125 and 136 of the Land Revenue Act seeking a direction for declaration of their rights on the land in question. Alongwith the suit, they also filed an application for injunction under Section 212 of the Rajasthan Tenancy Act read with Section 151 C.P.C.

A grievance is raised by the petitioners that on the one hand, the Dy. Commissioner (Colonization), IGNP, Nachana, District Jaisalmer is sitting tight over the petitioners' suit and the injunction application and at the same time, the respondent authorities are bent upon to dispossess the petitioners from the land in question on which, they claimed entitlement by virtue of old possession.

Having regard to the peculiar facts and circumstances of the case, the Dy. Commissioner (Colonization), IGNP, Nachana before whom, the suit as well as injunction application of the petitioners are pending, is directed to expedite the proceedings of the suit and injunction application and shall try to conclude the same within a period of one year from the date of submission of copy of this order. Till the petitioners' suit and injunction application are decided, they shall not be dispossessed from the land in question. The writ petition as well as stay applications are disposed of in these terms."

2. In view of the aforequoted order, the present writ petition is

also disposed of with a direction to the Deputy Commissioner

Colonization, IGNP, Nachna, District Jaisalmer before whom, the

suit as well as injunction application of the petitioners is pending,

is directed to expedite the proceedings of the suit and injunction

application and shall try to conclude the same within a period of

one year from the date of submission of copy of this order. Till the

petitioners' suit and injunction application are decided, they shall

not be dispossessed from the land in question.

3. All pending applications also stand disposed of.

(KULDEEP MATHUR),J 40-sonia/-

(Uploaded on 19/02/2026 at 07:03:18 PM)