Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 1436

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Joga Ram S/o. Shri Dala Ram & Ors. - Petitioners
Versus
The State of Rajasthan, Through Its Special Secretary, Revenue Department (Group-1), Government of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 7275 of 2025
Decided On : 08-05-2025

Advocates Appeared:
For the Petitioner: Mr. Vikas Bijarnia.
For the Respondent: Mr. S.S. Ladrecha, AAG assisted by Mr. Yogesh Sharma, Ms. Neelam Sharma, AGC.

The court ruled that new circulars allowing arbitrary naming of revenue villages violate established guidelines and undermine communal harmony.

Headnote:
(A) Circulars - Violation of guidelines - The petitioners challenged circulars dated 28.02.2025 and 06.03.2025 regarding the creation of new revenue villages, which were found to violate earlier guidelines established in circular dated 20.08.2009 and the judgment in Moola Ram case. (Paras 1, 18, 20)

(B) Legal principles - The court emphasized the necessity of maintaining societal harmony by prohibiting naming villages after individuals, castes, or religions, reaffirming that such actions are arbitrary and illegal. (Paras 16, 18)

(C) Findings of Court - The court quashed the notifications issued by the State Government and directed adherence to the original guidelines for creating new revenue villages. (Paras 18, 20)

(D) Issues - The main issues included whether the new circulars violated previous judgments and guidelines regarding naming conventions for revenue villages. (Paras 4, 6) (E) Ratio Decidendi - The court held that the new circulars granted arbitrary powers to the State, undermining the principles established in prior judgments aimed at preserving communal harmony. (Paras 16, 18) (F) Result - The writ petition was allowed, and the State was directed to create revenue villages in accordance with established guidelines. (Paras 19, 20) (G) Parties involved - Petitioners vs. State authorities.

ORDER :

1. By way of present writ petition, the petitioners have challenged the circulars dated 28.02.2025 and 06.03.2025 issued by the State authorities in relation to creation of new revenue village and naming the newly created villages.

2. Mr. Bijarnia, learned counsel for the petitioners submitted that various persons had filed writ petitions laying challenge to creation of revenue village in name of a particular person, caste, sub-caste or religion, which have been allowed by a co-ordinate Bench of this Court vide its judgment dated 18.02.2025 passed in the bunch of writ petitions led by S.B. Civil Writ Petition No.3470/2025 : Moola Ram vs. State of Rajasthan & Ors., by observing thus:-

“16. In the considered opinion of this Court, there is a purpose and intention to incorporate clause 4 in the terms that no particular person, caste, sub-caste or religion should be given undue advantage disturbing the communal harmony in the society.

17. As it has been noted that the proposal sent to the State Government was in utter violation of circular dated 20.8.2009, the Collector, Jodhpur vide his letter dated 10.2.2025 had taken note of the same and issued guidelines for sending the proposal in conformity with the condition/clause mentioned in circular dated 20.8.2009. On the similar line, the Board of Revenue has also issued letter dated 10.2.2025 to District Collector, Barmer. The State Government has also received some representations wherein the same grievances were raised. Taking into consideration all these facts, the State Government brought amendment in circular dated 20.8.2009. Since the learned AAG has already submitted before this Court that the State Government has issued an amendment in clause 4 by circular dated 17.2.2025, this Court is of the considered view that the notification issued by the State Government dated 20.1.2025 is in violation of clause 4 of the circular dated 20.8.2009. Similarly, all such notifications akin to notification dated 20.1.2025 issued by the State Government, which are subject matter in other writ petitions filed before this Court are also dehors the provisions of clause 4 of circular dated 20.8.2009.

18. In view of the discussion made above, the present writ petition and the batch of writ petitions are disposed of by quashing and setting aside the notification dated 20.1.2025 and other similar notifications issued by the State Government. The State Government is directed to initiate fresh process for creation of new revenue villages adhering to the parameters/guidelines mentioned in the circulars dated 20.8.2009 and 17.2.2025.

19. The directions issued hereinabove shall also be made applicable for the cases in which the notification for creation of new villages has not been issued and the same are in process.

20. The order passed by this Court will be made applicable only qua the petitioners, who have approached this Court.

21. All the pending interlocutory applications as well as the stay applications also stand disposed of accordingly.

22. Office is directed to keep photostat copy of this order in each of the aforesaid writ petitions.”

3. Learned counsel for the petitioners submitted that vide aforesaid order, the co-ordinate Bench of this Court while quashing the respective notification challenged therein had clearly held that not only the cases involved in said batch of petitions, even new revenue villages in which the notification(s) have not been issued and the same are in process, shall be governed by the circulars dated 20.08.2009 and 17.02.2025.

4. Learned counsel argued that in order to overcome the adjudication made by the above referred judgment, the State Government has issued circular dated 28.02.2025 followed by another circular dated 06.03.2025, in such a manner that requirement of not naming the revenue village in the name of particular person, caste or sub-caste etc., has been done away with and consequentially, the respondents have been made free to create and name any revenue vil