[Cites 2, Cited by 0]

Rajasthan High Court - Jodhpur

Yakub vs State Of Rajasthan ... on 25 February, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2026:RJ-JD:10246-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 1394/2025

Banka Ram Chaudhary S/o Poonama Ram Choudhary, Aged
About 42 Years, R/o Daukiyon Ki Dhani, Goliya Jetmal, Barmer,
Rajasthan.
                                                                         ----Appellant
                                       Versus
1.       State     Of    Rajasthan,          Through          Secretary        To   The
         Government, Rural Development And Panchayati Raj
         Department, Government Of Rajasthan, Jaipur.
2.       The District Collector, Barmer.
3.       Sub Divisional Officer, Gudamalani, District Barmer.
4.       Tehsildar, Nokhada, District Barmer.
5.       Ladhu Ram S/o Prahlad Ram, Aged About 46 Years, Neno
         Ki Dhani, Tehsil Nokhada, District Barmer (Raj.).
                                                                     ----Respondents
                                 Connected With
                   D.B. Spl. Appl. Writ No. 1410/2025
1.       Ashok S/o Kishana Ram, Aged About 28 Years, R/o Ajit
         Nagar, Bawarli, District Jodhpur, Rajasthan.
2.       Deva Ram S/o Gunesha Ram, Aged About 28 Years, R/o
         Bhambhuon Ki Dhani, Bawarli, Balesar Satta, District
         Jodhpur Rajasthan
3.       Hukma Ram S/o Gumna Ram, Aged About 27 Years, R/o
         Kadela    Ki    Dhani,       Bawarli,      Balesar,        District   Jodhpur,
         Rajasthan.
                                                                        ----Appellants
                                       Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Panchayati Raj, Government Of Rajasthan Secretariat,
         Jaipur.
2.       The Secretary, Revenue Department, Government Of
         Rajasthan, Secretariat, Jaipur
3.       District Collector, Jodhpur
4.       Gram      Panchayat            Bawarli,         Through         Its    Village
         Development Officer


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5.       Tehsildar, Balesar, District Jodhpur
6.       Patwari, Balesar, District Jodhpur
7.       Sub Divisional Officer, Balesar, District Jodhpur
                                                                     ----Respondents
                   D.B. Spl. Appl. Writ No. 1537/2025
1.       Pinal S/o Meva Khan, Aged About 67 Years, R/o Ekaliya
         Dhora, Tehsil Dhanau, District Barmer (Raj.).
2.       Aldad Khan S/o Haidar Khan, Aged About 49 Years, R/o
         Ekaliya Dhora, Tehsil Dhanau, District Barmer (Raj.).
3.       Vachal S/o Meer Mohammad, Aged About 56 Years, R/o
         Ekaliya Dhora, Tehsil Dhanau, District Barmer (Raj.).
                                                                       ----Appellants
                                       Versus
1.       State     Of    Rajasthan,          Through          Secretary     To   The
         Government, Rural Development And Panchayati Raj
         Department, Government Of Rajasthan, Jaipur.
2.       The District Collector, Barmer.
3.       Sub Divisional Officer, Chohatan, District Barmer.
4.       Tehsildar, Dhanau, District Barmer.
5.       Sarpach Gram Panchyat, Ekaliya Dhora, Panchyati Samiti
         Chohtan, District Barmer.
                                                                     ----Respondents
                   D.B. Spl. Appl. Writ No. 1604/2025
1.       Yakub S/o Jameel, Aged About 43 Years, R/o Jameelniyon
         Ka Pada, Sanwa, Tehsil Dhanau, District Barmer.
2.       Kurban S/o Umar, Aged About 44 Years, R/o Jameelniyon
         Ka Pada, Sanwa, Tehsil Dhanau, District Barmer.
3.       Minyadad S/o Nur Mohammad, Aged About 29 Years, R/o
         Jameelniyon Ka Pada, Sanwa, Tehsil Dhanau, District
         Barmer.
4.       Hakam S/o Bashir, Aged About 28 Years, R/o Jameelniyon
         Ka Pada, Sanwa, Tehsil Dhanau, District Barmer.
                                                                       ----Appellants
                                       Versus
1.       State     Of    Rajasthan,          Through          Secretary     To   The
         Government           Rural       Development               Panchayati    Raj

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         Department, Government Of Rajasthan, Jaipur.
2.       The District Collector, Barmer.
3.       Sub-Divisional Officer, Chohtan, District Barmer.
4.       Tehsildar, Dhanau, District Barmer.
5.       Patwari, Sanwa, Tehsil Dhanau, District Barmer.
                                                                    ----Respondents
                  D.B. Spl. Appl. Writ No. 1612/2025
1.       Ganga Singh S/o Shri Khet Dan, Aged About 72 Years,
         Resident Of Judiya, Tehsil Balesar District Jodhpur.
2.       Ishwar Dan S/o Shri Devi Dan, Aged About 43 Years,
         Resident Of Judiya, Tehsil Balesar District Jodhpur.
3.       Shambhu Dan S/o Shri Govind Dan, Aged About 55 Years,
         Resident Of Judiya, Tehsil Balesar District Jodhpur.
4.       Rawal Ram S/o Shri Mukna Ram Brahmin, Aged About 40
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
5.       Durg Singh S/o Shri Sen Singh Rajput, Aged About 65
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
6.       Moti Ram S/o Shri Kasba Ram Suthar, Aged About 64
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
7.       Bhanwar Dan S/o Shri Devi Dan Dan Charan, Aged About
         44 Years, Resident Of Judiya, Tehsil Balesar District
         Jodhpur.
8.       Champa Lal S/o Shri Himta Ram Prajapat, Aged About 55
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
9.       Khinya Ram S/o Shri Dala Ram Suthar, Aged About 70
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
10.      Jaipal Dan S/o Shri Senidan Charan, Aged About 43
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
11.      Swaroop Dan S/o Shri Ghumardan Charan, Aged About
         46 Years, Resident Of Judiya, Tehsil Balesar District
         Jodhpur.
12.      Senidan S/o Shri Govind Dan Charan, Aged About 65
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
13.      Shrawan Kumar S/o Shri Bhanwar Lal, Aged About 38
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
14.      Madhudan S/o Shri Kojudan Charan, Aged About 63
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.

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15.      Sumera Ram S/o Shri Sagta Ram, Aged About 38 Years,
         Resident Of Balesar Durgawata, Tehsil Balesar, District
         Jodhpur.
16.      Ashok Kumar S/o Shri Bhinya Ram, Aged About 31 Years,
         Resident Of Devnagar, Tehsil Balesar, District Jodhpur.
17.      Raju Ram S/o Shri Ranchhora Ram, Aged About 38 Years,
         Resident Of Devnagar, Tehsil Balesar, District Jodhpur.
18.      Madho Singh S/o Shri Khushal Singh, Aged About 55
         Years, Resident Of Devnagar, Tehsil Balesar, District
         Jodhpur.
19.      Pepa Ram S/o Shri Mangna Ram, Aged About 42 Years,
         Resident Of Balesar Durgawata, Tehsil Balesar District
         Jodhpur.
20.      Dhana Ram S/o Shri Jiya Ram, Aged About 24 Years,
         Resident Of Devnagar, Tehsil Balesar, District Jodhpur.
21.      Deva Ram S/o Late Shri Mangi Lal, Aged About 27 Years,
         Resident Of Judiya, Tehsil Balesar District Jodhpur.
22.      Bhoja Ram S/o Late Shri Moola Ram, Aged About 30
         Years, Resident Of Judiya, Tehsil Balesar District Jodhpur.
                                                                      ----Appellants
                                       Versus
1.       The State Of Rajasthan, Through Secretary, Department
         Of Revenue Gr.ii, Government Of Rajasthan, Secretariat,
         Jaipur.
2.       Dy Secretary, Department Of Revenue (Gr.i), Government
         Of Rajasthan, Secretariat, Jaipur.
3.       Secretary,      Department           Of     Rural      Development     And
         Panchayati Raj, Government Of Rajasthan, Secretariat,
         Jaipur.
4.       Board Of Revenue, Rajasthan, Ajmer Through Registrar.
5.       The District Collector, Jodhpur.
6.       Gram Panchayat, Judiya Panchayat Samiti Balesar District
         Jodhpur Through Its Village Development Officer.
7.       Tehsildar (Revenue), Balesar District Jodhpur.
8.       Sub Divisional Officer, Balesar District Jodhpur.
9.       Patwari, Patwar Mandal Judiya ,district Jodhpur.
                                                                    ----Respondents

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                   D.B. Spl. Appl. Writ No. 1720/2025
1.       Mala Ram S/o Jakhu Ram Jhakhar, Aged About 37 Years,
         Resident Of Village Hatundi, Tehsil Baori, District Jodhpur,
         Rajasthan.
2.       Puna Ram S/o Jetha Ram, Aged About 41 Years, Resident
         Of Harkanada, Village Hatundi, Tehsil Baori, District
         Jodhpur Rajasthan.
                                                                        ----Appellants
                                       Versus
1.       State Of Rajasthan, Through Secretary Department Of
         Revenue Gr-I, Government Of Rajasthan, Secretariat,
         Jaipur.
2.       Dy      Secretary,        Department            Of         Revenue    (Gr-1),
         Government Of Rajasthan, Secretariat, Jaipur.
3.       Secretary,      Department           Of     Rural      Development       And
         Panchayati Raj, Government Of Rajasthan, Secretariat,
         Jaipur.
4.       Board     Of    Revenue,         Rajasthan,          Ajmer,    Through     Its
         Registrar.
5.       District Collector, (Land Record), Jodhpur.
6.       Sub Divisional Officer, Baori, Jodhpur.
7.       Tehsildar, (Revenue), Baori, Jodhpur.
                                                                      ----Respondents
                   D.B. Spl. Appl. Writ No. 1721/2025
Bhanwar Singh Rathore S/o Shri Narayan Singh, Aged About 61
Years, R/o Plot No. 36, Hanwant-B, Bjs Colony, Paota, Jodhpur,
Tehsil And District Jodhpur (Raj.).
                                                                         ----Appellant
                                       Versus
1.       State Of Rajasthan, Through Secretary, Department Of
         Revenue, Government Of Rajasthan, Jaipur.
2.       District Collector, Jodhpur.
3.       Tehsildar, Shergarh, District Jodhpur.
4.       Vikash Adhikari, Panchayat Samiti Shekhala, District
         Jodhpur.
                                                                      ----Respondents


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                   D.B. Spl. Appl. Writ No. 1778/2025
Gram Panchayat, Arniyali, Through Sarpanch, Shanti Devi W/o
Bhera Ram, Age 55, R/o Gram Panchayat, Arniyali, Tehsil
Dhorimanna, District Barmer.
                                                                         ----Appellant
                                       Versus
1.       State     Of     Rajasthan,          Through         Secretary      Revenue
         Department, Jaipur.
2.       District Collector, Barmer.
3.       Sub-Divisional Magistrate, Division Dhorimanna District
         Barmer.
4.       Tehsildar, Dhorimanna, District Barmer.
                                                                      ----Respondents
                   D.B. Spl. Appl. Writ No. 1833/2025
Revata Ram S/o Shri Javara Ram, Aged About 26 Years, Resident
Of Vishwakarma Nagar, Goliya Jetmal, Tehsil- Nokhada, District-
Barmer, (Rajasthan).
                                                                         ----Appellant
                                       Versus
1.       State     Of    Rajasthan,          Through          Secretary      To    The
         Government, Rural Development And Panchayati Raj
         Department, Government Of Rajasthan, Jaipur.
2.       The District Collector, Barmer.
3.       Sub - Divisional Officer, Gudamalani, District Barmer.
4.       Tehsildar, Nokhada, District Barmer.
                                                                      ----Respondents
                    D.B. Spl. Appl. Writ No. 47/2026
Gram Panchayat Sanau, Panchayat Samiti Chohatan, District
Barmer Through Its Sarpanch, Smt. Kishan Kanwar W/o Shri
Inder Singh, Aged About 80 Years, R/o Village Sanau, Tehsil
Chohatan, District Barmer.
                                                                         ----Appellant
                                       Versus
1.       State     Of      Rajasthan,           Through             Secretary,    Rural
         Development           And         Panchayati           Raj      Department,
         Government Of Rajasthan, Jaipur.


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2.       District Collector, Barmer.
3.       Sub-Divisional Officer, Chohatan, District Barmer.
4.       Tehsildar (Land Record), Chohatan, District Barmer.
5.       Vikas Adhikari, Gram Panchayat Sanau, Panchayat Samiti
         Chohatan, District Barmer.
                                                                    ----Respondents
                    D.B. Spl. Appl. Writ No. 49/2026
1.       Bhanwara Ram S/o Shri Pabu Ram, Aged About 57 Years,
         Resident Of Village Biramnagar Bhatlai Purohitan, Tehsil
         Balesar District Jodhpur.
2.       Kuna Ram S/o Shri Birma Ram, Aged About 85 Years,
         Resident Of Village Biramnagar Bhatelai Purohitan, Tehsil
         Balesar District Jodhpur.
3.       Heera Ram S/o Shri Khamma Ram, Aged About 68 Years,
         Resident Of Biramnagar Bhatelai Purohitan, Tehsil Balesar
         District Jodhpur.
4.       Bhag Chand S/o Shri Manna Ram, Aged About 75 Years,
         Resident O Village Biramnagar Bhatelai Purohitan, Teshil
         Balesar District Jodhpur.
5.       Shyam Lal S/o Shri Jodha Ram, Aged About 50 Years,
         Resident Of Village Biramnagar Bhatelai Purohitan, Tehsil
         Balesar District Jodhpur.
6.       Dinesh S/o Shri Sukh Ram, Aged About 37 Years,
         Resident       Of   Village      Biramnagar           Bhatelai    Purohitan,
         Bhatelai Tehsil Balesar District Jodhpur.
7.       Prakash S/o Shri Bhanwara Ram, Aged About 27 Years,
         Resident Of Village Biramnagar Bhatelai Purohitan, Tehsil
         Balesar District Jodhpur.
                                                                      ----Appellants
                                       Versus
1.       The State Of Rajasthan, Through Secretary, Department
         Of    Revenue        (Gr-      Ii),    Government          Of     Rajasthan,
         Secretariat, Jaipur.
2.       Dy.    Secretary        Department            Of      Revenue       (Gr.    I),
         Government Of Rajasthan, Secretariat, Jaipur.
3.       Secretary       Department,           Of    Rural      Development         And
         Panchayati Raj, Government Of Rajasthan, Secretariat,


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         Jaipur.
4.       Board Of Revenue, Rajasthan, Ajmer Through Registrar.
5.       The District Collector, Jodhpur.
6.       Tehsildar (Revenue), Balesar District Jodhpur.
7.       Sub Divisional Officer, Balesar District Jodhpur.
8.       Gram Panchayat, Bhatelai Purohitan, Panchayat Samiti
         Balesar, District Jodhpur Through Village Development
         Officer.
9.       Berisal    Singh        Rajpurohit        S/o       Shri   Mangal     Singh
         Rajpurohit,      Administrator,           Gram       Panchayat,     Bhatelai
         Purohitaan, Panchayat Samiti Balesar, District Jodhpur.
                                                                    ----Respondents


For Appellant(s)             :     Mr. Pankaj Gupta
                                   Mr. Priyanshu Gopa
                                   Mr. Abhimanyu Singh Rathore
                                   Ms. Aishwarya Ranawat
                                   Mr. Vivek Firoda
                                   Mr. Moti Singh Rajpurohit
                                   Mr. D.L.R. Vyas
                                   Mr. Manoj Bohra
                                   Mr. S.S. Gour
                                   Mr. Ram Dayal Choudhary
For Respondent(s)            :     Mr. N.S. Rajpurohit, AAG
                                   Mr. Ramniwas Haniya



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Judgment

25/02/2026

Heard learned counsel for the parties.

2. The present batch of appeals arises out of a common

judgment passed by the learned Single Bench on 25.09.2025

whereby writ petitions led by SBCWP No.11767/2025 were

dismissed in the light of judgment rendered in the case of Mala

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Ram & Anr. vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition

No.14930/2025 decided on 23.09.2025.

3. Since the question involved in the present matters is similar

therefore, these present appeals are being disposed of by this

common judgment.

4. Learned counsel for the appellants submit that the

controversy involved in the present case has now been set at rest

by Hon'ble the Supreme Court in the case of Bhika Ram & Anr. vs.

State of Rajasthan & Ors. reported in 2025 INSC 1482 wherein the

Hon'ble Supreme Court has decided the controversy in the

following terms:-

"14. We have considered the rival submissions made on both sides and have perused the record. Section 16 of the Act, empowers the State Government to create, abolish or alter divisions etc. Section 16 of the Act is extracted below for the facility of reference:-

"Section 16: Power to create, abolish or alter divisions etc.-

                        The     State     Government       may    by
                  notification     in    the     official   Gazette-

(a) create new or abolish existing division districts, sub-districts, sub-divisions, tehsils and sub-tehsils, villages, and

(b) alter the limits of any of them."

15. The Revenue Department of the State Government issued a comprehensive circular on 20.08.2009, laying down the criteria for declaring a new Revenue Village. Clause 4 of the aforesaid Circular, which is relevant for this Appeal, reads as under: -

"4. While proposing the new Revenue Village, a proposal for its name shall also be forwarded. While deciding the name, it shall be ensured that it is not based on any person, religion, caste, or sub-caste. As far as possible, the name of the village shall be proposed with general consensus."

Thus, Clause 4 of the Circular mandates that the name of a Revenue Village shall not be based on any

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person, religion, caste or sub-caste, and the same shall be proposed with the general consensus.

16. The aforesaid circular is in the nature of a policy decision. Clause 4 of the circular has been incorporated with an object to maintain communal harmony. It is well settled in law that a policy decision though executive in nature binds the Government, and the Government cannot act contrary thereto, unless the policy is lawfully amended or withdrawn. Any action taken in derogation of such a policy, without amendment or valid justification, is arbitrary and violative of Article 14 of the Constitution of India.

17. Admittedly, the names of the Revenue Villages, namely Amargarh and Sagatsar, are derived from the names of the individuals, namely Amarram and Sagat Singh. The notification dated 31.12.2020 is, therefore, in contravention of Clause 4 of the Circular dated 20.08.2009. The State Government cannot be permitted to act in contravention of the policy framed by it, which binds it. Therefore, no legal sanctity can be attached to the impugned notification dated 31.12.2020, insofar as it pertains to Revenue Villages, namely Amargarh and Sagatsar. The Division Bench failed to consider this material aspect and erred in limiting its consideration only to the applicability of earlier decisions in Moola Ram and Joga Ram (supra). In any case, the lis pending before a Court is required to be adjudicated on merits.

18. In view of the foregoing discussion, the impugned judgment dated 05.08.2025, passed in D.B. Special Appeal Writ No.1055/2025 is quashed and set aside. The order dated 11.07.2025 passed by the learned Single Judge in S.B. Civil Writ Petition no. 12422/2025 is restored.

19. In the result, the appeal is allowed. There shall be no order as to costs."

5. Learned counsel for the appellants thus submit that in view

of the judgment of the Hon'ble Supreme Court rendered in Bhika

Ram (supra) the impugned order passed by the learned Single

Judge is not sustainable and, therefore, the writ petitions are

liable to be decided in the light of the judgment of Bhika Ram

(supra). Learned counsel however, limited their prayer only to the

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extent of re-naming the villages in the light of the judgment of the

Hon'ble Supreme Court and the circular dated 20.8.2009 and

subsequent circulars.

6. Learned Additional Advocate General is not in a position to

controvert the submissions made by learned counsel for the

appellants that the controversy involved in the present matter has

been decided by the Hon'ble Supreme Court. However, he

submits that creation of the revenue villages and other process

undertaken by the State Government may not be disturbed and

the State Government will re-consider the renaming of the villages

involved in the present appeals in the light of the judgment

rendered by the Hon'ble Supreme Court in the case of Bhika Ram

and circular dated 20.08.2009 and the circulars issued thereafter.

7. In view of the submissions so made before this Court,

following impugned notifications/proposals in the writ petitions

creating the revenue villages are quashed and set aside to the

limited extent of renaming the revenue villages contrary to the

judgment of the Hon'ble Supreme Court in the case of Bhika Ram

(supra) and circular dated 20.8.2009 :

S.No Appeal No Writ Petition Impugned Name of villages No. Notification/propo sal dated

1. 1394/2025 12183/2025 22.3.2025 Shri Tikamgarh

2. 1410/2025 14987/2025 20.6.2025 Hiranmagari and Raila

3. 1537/2025 9305/2025 26.3.2025 Pratapdanpura

4. 1604/2025 8197/2025 4.4.2025 Sujanpur

5. 1612/2025 7733/2025 26.3.2025 Kalyan Singh Nagar and Shri Balaji Nagar

6. 1720/2025 14930/2025 25.7.2025 Harkanaada and Dero Ki Dhani

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