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Rajasthan High Court - Jodhpur
Jaswant Singh vs State Of Rajasthan ... on 19 February, 2026
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2026:RJ-JD:9232-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 10164/2022
1. Jaswant Singh S/o Moti Singh, Aged About 72 Years,
Village Pilowani, Tehsil Rani, District Pali.
2. Surendra Singh S/o Gokul Singh, Aged About 54 Years,
Village Dhanla, Tehsil Rani, District Pali.
3. Bheru Singh S/o Lichhiram Purohit, Aged About 70 Years,
Village Khinwada, Tehsil Rani, District Pali.
4. Jai Singh S/o Himmat Singh, Aged About 52 Years, Village
Post Nimbada, Tehsil Rani, District Pali.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Revenue, Government Of Rajasthan, Jaipur.
2. The District Collector, Pali.
3. Sub Division Office, Rani, District Pali.
4. Tehsildar, Rani, District Jodhpur
5. Kukaram S/o Vardaram Meghwal, Village Siwas, Tehsil
Rani, District Pali.
6. Mangilal S/o Mulaji Sargara, Village Siwas, Tehsil Rani,
District Pali.
7. Hansraj S/o Baluji Mochi, Village Khinwada, Tehsil Rani,
District Pali.
8. Futarmal S/o Shankarlal Garuda, Village Khinwara, Tehsil
Rani, District Pali.
9. Kanaram S/o Mana Ji Sirvi, Village Pilowani, Tehsil Rani,
District Pali.
10. Kalu Ram @ Kamlesh Kumar S/o Pura Ji Srivi, Village
Siwas, Tehsil Rani, District Pali.
11. Rataram S/o Mana Ji Srivi, Village Pilowani, Tehsil Rani,
District Pali.
12. Ruparam S/o Pura Ji Srivi, Village Siwas, Tehsil Rani,
District Pali.
13. Rajaram S/o Pura Ji Srivi, Village Srivi, Tehsil Rani,
District Pali.
14. Kamlesh S/o Khetarpal Garg, Village Khiwada, Tehsil Rani,
District Pali.
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15. I.g. Shiksha And Sewa Sanstha, Village Khinwada, Tehsil
Rani, District Pali Through Its Secretary.
----Respondents
For Petitioner(s) : Mr. Moti Singh
For Respondent(s) : Mr. N.S. Rajpurohit, AAG with
Ms. Aditi Sharma, AAAG
Mr. Manish Patel
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Judgment
19/02/2026
1. The present writ petition has been filed by the petitioners
seeking following prayers:
A. By an appropriate, writ, order or direction may
kindly be issued and the respondents may kindly be
directed to restore the original position of the
Khasra No.103 (New Khasra No.642, 649, 643,
650, 650/1, 652, 652/823, 654, 655/911, 655/954,
655/955, 914/655, 915/655) of village Siwas,
Tehsil Rani, District Pali as exist at the time of first
settlement of year 2008 and all kind of order with
regard to allotment/regularization in favour of the
private respondent in above mentioned Khasra may
kindly be declared null and void and the respondent
revenue authorities may kindly be directed to enter
the land of the above mentioned Khasra as river
according to the Khatauni Bandobast of Samwat
2008 to 2028 (Annexure-1).
B. By an appropriate, writ, order or directions the
respondent may kindly be directed for earmarked
the encroachments upon the land of River of Khasra
No.103 (New Khasra No.642, 649, 643, 650, 650/1,
652, 652/823, 654, 655/911, 655/954, 655/955,
914/655, 915/655) of village Siwas, Tehsil Rani,
District Pali and further the respondent revenue
authority may kindly be directed to remove the all
kind of encroachment from the land mentioned
above of village Siwas district Pali.
C. By an appropriate, writ, order or directions the
mutations No.92, 93 & 98 (Annexure-4) of village
Siwas, Tehsil Rani, District Pali may kindly be
declared as Nullity and the entry of the private
respondents from the revenue record of the Khasra
No.103 (New Khasra No.642, 649, 643, 650, 650/1,
652, 652/823, 654, 655/911, 655/954, 655/955,
914/655, 915/655) of village Siwas, Tehsil Rani,
District Pali may kindly be deleted and the land may
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record in the name of Government as Gair Mumkin
Nala/river.
2. Learned AAG appearing for the State submits that the
District Collector has already made a reference upon prima facie
finding that the land in question is Gair Mumkin Nala/Bala. He
further submits that the matter is under due consideration before
the competent revenue authority.
3. Learned counsel for the private respondents, Mr. Manish
Patel, submits that since the reference is pending, the present PIL
need not be adjudicated by this Court and the issue should be left
to the appropriate authority for decision in accordance with law.
4. Learned counsel for the petitioners also agrees that once the
State itself has initiated proceedings and is contesting the issue,
the PIL may be disposed of. However, he prays that he may be
permitted to appear before the revenue authority to present his
stand.
5. Mr. Patel, learned counsel for the private respondents,
opposes the said request.
6. Having considered the submissions, this Court finds that
once the State itself has taken up the cause by making
appropriate reference, and both sides agree that adjudication
should be before the revenue authority, the present PIL does not
call for further adjudication by this Court.
7. The writ petition is accordingly disposed of.
8. However, the State is directed to continue to pursue the
matter strictly in accordance with law before the appropriate
authority.
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9. It is clarified that the petitioner shall be afforded with an
opportunity to place his stand before the revenue authority in the
pending proceedings.
10. It is further noted that another reference concerning the
same land is also pending, which shall be decided strictly in
accordance with law.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
10-raoof khan/-
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