Ramniwas Rao vs State Of Rajasthan ... on 30 January, 2026

Author: Yogendra Kumar Purohit

Bench: Yogendra Kumar Purohit

[2026:RJ-JD:5633-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 18833/2019

1.       Ramniwas Rao S/o Shri Nathmal, Aged About 63 Years, B/
         c Jat, R/o Marwar Mundwa, Tehsil Mundwa, District
         Nagaur.
2.       Jitendra Sevar S/o Shri Virendra Kumar, Aged About 33
         Years, B/c Jat, R/o Marwar Mundwa, Tehsil Mundwa,
         District Nagaur.
3.       Hanuman Choudhary S/o Shri Jetmal Mundel, Aged About
         39 Years, B/c Jat, R/o Marwar Mundwa, Tehsil Mundwa,
         District Nagaur.
4.       Arjun Ram Mundel S/o Shri Rugha Ram, Aged About 31
         Years, B/c Jat, R/o Marwar Mundwa, Tehsil Mundwa,
         District Nagaur.
                                                                     ----Petitioners
                                      Versus
1.       State Of Rajasthan, Through Principal Secretary,
         Department Of Revenue, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       Dy. Secretary, Department Of Indusry (Gr.1), Govt Of
         Rajasthan, Secretariat, Jaipur.
3.       District Collector, Nagaur.
4.       Sub Divisioanl Officer, Nagaur.
5.       Tehsildar, Mundwa, District Nagaur.
6.       The Vice President, Ambuja                     Cement       Ltd.,   Marwar
         Mundwa, District Nagaur.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Jitendra Singh for
                                  Mr. Ramawatar Singh
For Respondent(s)           :     Mr. Vikas Balia Sr. Adv.
                                  Mr. Sharad Kothari



              HON'BLE MR. JUSTICE ARUN MONGA

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

30/01/2026

1. Petitioners claim themselves to be vigilant citizens and public

spirited persons. They have filed the instant writ petition to

protect the public interest seeking following relief:

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"(a) By an appropriate writ, order or direction the impugned dated order 22.12.1987, 06.01.1988, 21.03.1988, lease deed dated 17.04.1993 and order dated 23.11.2011 may kindly be declared highly illegal, arbitrary, unjust and same may kindly be quashed and set aside.

(b) By an appropriate writ, order or direction the respondent cement company kindly be restrained from establishing the cement plant over the land of gairmumkin angore, gairmumkin rasta and pasture land of khasra no. 140, 56 & 57, 74 and 112.

c) By an appropriate writ, order or direction the respondent authorities may kindly be directed to cancel the allotment of the land of khasra no. 140, 74 and 112.

(d) By an appropriate writ, order or direction the respondent authorities may kindly be directed to remove the encroachment of the respondent cement company from the land of khasra no. 56, 57, 74 and 112 of Village Marwar Mundva.

(e) By an appropriate writ, order or direction the respondent cement company may kindly be directed to surrender the land proportionate to the land of khasra no. 140 for development of pasture land and also deposit the development charges."

2. The present writ petition has remained pending since the

year 2019 and during the interregnums it transpires that the land

has been allotted to private respondent No.6, who has put it to

effective use by erecting buildings, installing machinery and

establishing a cement factory, which is currently stated to be

operational.

3. Aside above, it transpires that the aforesaid allotment has

already faced challenge in multiple foray before this Court as is

borne out from the counter filed by respondent No.6. Relevant

paragraph thereof reads as under:

"1. That at the outset it is submitted that the petitioners have not approached this Hon'ble Court with clean hands. As matter of fact, the petitioners have concealed the most vital facts relating to the litigation history.

It is stated that by way of instant Petition, allotment orders (and consequential lease as well as substitution order) of the land, Respondent No. 6 is coming up with cement manufacturing plant of 3.0 Million tonnes capacity, are challenged. More particularly, the bone of contention seems to be allotment of land falling in Khasra Nos. 140, 56, 57, 74 & 112 of village Mundwa by way of Order of allotment dated 21.03.1988 (Annexure 5 with the Petition) and dated 12.12.2007. It is a matter of concern that the petitioners have apparently filed false affidavit before this Hon'ble High Court wherein it is averred in para no. 3(4) that "...the issue raised was not dealt with or decided and that a similar or identical petition was not filed.....". It is brought to the notice of the Hon'ble High Court that not just one but three PIL's came

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to be filed on the same issues and all three were dismissed by this Hon'ble Court, including one where this Hon'ble Court deemed it even appropriate to impose costs.

2. That an identical and similar D. B. Civil Writ Petition No. 5135/2008 Chaina Ram and others versus State of Rajasthan and others assailing the allotment of pasture land (particularly Khasra No. 486 situated in village Mundwa) vide order of Allotment dated 21.03.1988 (Annexure 5) alleging that the pasture land could not have been allotted and could not be made use for other purposes and further the land falling in catchment area could not have been made subject of allotment by the state government to the answering respondent company as it would result in great problem and therefore the very allotment of land in question be declared illegal. The Hon'ble High Court after considering the question involved in the earlier writ petition was pleased to dismiss the aforesaid writ petition by order dated 06.04.2009 observing as under-:

"At the outset we may observe that the petitioners came with the grievance of all the 324 bighas of land comprised in KhasraNo. 486 to have been allotted to the private respondent, while as has come on record, more so in reply of respondent No. 3 itself that only 132 bighas out of 324.2 bigha has been allotted to the private respondent. It would suffice to say that this does not clearly show that the petitioners have put up a wholly false boggy. Roughly around 200 bighas of land from of Khasra No. 486 still remains available and it is not shown, as to whether the alleged course of water flow from the remaining 200 bighas of land is towards 132 bighas of land or is towards the other side. This is one aspect of the matter.

The other equally important aspect of the matter is that the petition is grossly belated as the allotment was made in 1980 and the present petition has been filed in 2008 only, say after around 20 years. Thirdly, a look at the provisions of section 102 of the Rajasthan Land Revenue Act read with section 5 (24) of the Rajasthan Tenancy Act would show that the provisions of Tenancy Act apply only to the land held for agricultural purposes. For the present controversy section 92 of Land Revenue Act, so also under Rule 7 of the Rajasthan Tenancy (Government Land) Rule 1955, as they existed at the relevant time 1980s also, do confer power on the collector to set apart the land for other purposes, and as such, it cannot be said, either that the Prohibitions of section 80 of the Rajasthan Tenancy Act are attracted, or that Land Revenue Act does not confer any power of changing nature of land. Thus the basic ground taken for approaching this court under PIL jurisdiction falls flat. It is clear from the copy of the resolution of the Gram Panchayat that it was unanimously resolved in the year 1986 that no objection should be given. Thus, after following due process of law, the action was taken.

Thus, considering from any standpoint, we do not find any sufficient ground to invoke our PIL jurisdiction in favour of the petitioners."

It is noteworthy that the aforesaid Petition was followed by another PIL bearing No. D.B. Civil Writ Petition (PIL) No. 847/2013, which was filed before the Jaipur Bench once again assailing the Order of allotment dated 21.03.1988 (Annexure 5) and the same was dismissed with costs vide Order dated 27.03.2015. It is further noteworthy that another attempt was made by way of filing D.B. Civil Writ Petition (PIL) No. 10489/2017 before this Hon'ble Court assailing the Order of allotment dated 21.03.1988 (Annexure

5), in general and allotment of land falling in Khasra No. 140 situated in village Mundwa, in particular; which too came to be dismissed by this

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Hon'ble Court vide Order dated 30.08.2017. It is relevant to bring to notice of this Hon'ble Court that the instant petition also seeks setting aside of order of allotment dated 21.03.1988, in general and cancellation of allotment of land falling in Khasra No. 140, 56, 57, 74 & 112, in particular. Petitioners knowing well that issue at hand has already been decided thrice by this Hon'ble Court, have still not relented and have intentionally filed the present writ petition concealing these important particulars. Petitioners have reduced the judicial process to a 'game of chance' where they would want to ride on multiple filings without deeming it necessary to inform this Hon'ble Court of the history of litigation, thus abusing the process of law"

4. The aforesaid has not been denied specifically in the rejoinder

filed by the petitioners. All that has been stated baldly therein is

that the petitioners have not mislead this Court in any manner and

that the present petition is the first petition filed by them

challenging the impugned action.

5. Be that as it may, in view of the stand taken, ibid, with which

we are in agreement, we do not find any grounds to interfere, the

petition is accordingly, dismissed.

6. Pending applications, if any, stand disposed of.

                                   (YOGENDRA KUMAR PUROHIT),J                                             (ARUN MONGA),J

                                    76-Devanshi/-




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