Encroachment on Gochar land can be challenged through a petition under Section 91 of the Rajasthan Tenancy Act, allowing for restoration of land rights.

Order

This Writ Petition styled as Public Interest Litigation has been filed with the grievance that some persons have encroached upon the land comprised under khasra nos.239, 257, 259, 260, 373, 384, 385 and 584/452 situated in village Marthva, tehsil Chitalwana District Jalore.

2. Precisely speaking, the petitioners have made the following prayers :-

“It is, therefore, humbly prayed that this Hon’ble Court may kindly be pleased to allow this Public Interest Litigation and by an appropriate writ, order or direction;

I) The respondents may kindly be directed to remove encroachment on Khasra no.239, 257, 259, 260, 373, 384, 385, 584/452 all land of these khasras, entry in the revenue record as Gochar (paster Land) situated in village Marthva, Tehsil Chitalwana, District Jalore, Rajasthan;

ii) By an appropriate writ, order or direction, the respondents may kindly be directed to ensure the existence of Gochar and Posture land in land in question as originally envisaged and not to reduce its area by way illegal constructed various house and cultivation upon the land of Khasra no.239, 257, 259, 260, 373, 384, 385, 584/452 all land of these khasras, entry in the revenue record as Gochar (paster Land) situated in village Marthva, Tehsil Chitalwana, District Jalore, Rajasthan;

iii) Any other appropriate writ, order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioners;

iv) Costs of the writ petition may kindly be awarded to the Petitioners.

11. INTERIM PRAYER:

a. The respondent department may seize the operational activities done by encroachers over encroachment land.”

3. Ms. Dayanwantee, the learned counsel for the petitioners refers to the order passed by this Court in “Jitendra Singh & Ors. v. State of Rajasthan & Ors.” (D.B. Civil Writ Petition No.12391 of 2019).

4. As we gather from “Jitendra Singh & Ors.”, this Court referred to the decision in “Gulab Kothari v. State of Rajasthan & Ors.” (D.B. Civil Writ Petition No.1554 of 2004) and, therefore, in view of the detailed directions issued by this Court in the said case, we are inclined to permit the petitioners to file an appropriate application with supporting documents under Section 91 of the Rajasthan Tenancy Act before the Tehsildar concerned.

5. D.B. Civil Writ Petition No. 2409 of 2025 is disposed of.