Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 1757

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Moola Ram S/o. Vabhuta Ram & Ors. - Petitioners
Versus
State of Rajasthan - Respondents
S.B. Civil Writ Petition No. 3470 of 2025, S.B. Civil Writ Petition No. 3500 of 2025, S.B. Civil Writ Petition No. 3963 of 2025, S.B. Civil Writ Petition No. 3981 of 2025, S.B. Civil Writ Petition No. 4040 of 2025, S.B. Civil Writ Petition No. 4041 of 2025, S.B. Civil Writ Petition No. 4123 of 2025, S.B. Civil Writ Petition No. 4443 of 2025, S.B. Civil Writ Petition No. 4507 of 2025, S.B. Civil Writ Petition No. 4512 of 2025, S.B. Civil Writ Petition No. 3112 of 2025, S.B. Civil Writ Petition No. 3156 of 2025, S.B. Civil Writ Petition No. 3317 of 2025, S.B. Civil Writ Petition No. 14711 of 2024, S.B. Civil Writ Petition No. 755 of 2023, S.B. Civil Writ Petition No. 1899 of 2025, S.B. Civil Writ Petition No. 10882 of 2024, S.B. Civil Writ Petition No. 19881 of 2024, S.B. Civil Writ Petition No. 20588 of 2024, S.B. Civil Writ Petition No. 20589 of 2024, S.B. Civil Writ Petition No. 21134 of 2024, S.B. Civil Writ Petition No. 21547 of 2024, S.B. Civil Writ Petition No. 254 of 2025, S.B. Civil Writ Petition No. 484 of 2025, S.B. Civil Writ Petition No. 499 of 2025, S.B. Civil Writ Petition No. 511 of 2025, S.B. Civil Writ Petition No. 1121 of 2025, S.B. Civil Writ Petition No. 1122 of 2025, S.B. Civil Writ Petition No. 1302 of 2025, S.B. Civil Writ Petition No. 1343 of 2025, S.B. Civil Writ Petition No. 1350 of 2025, S.B. Civil Writ Petition No. 1430 of 2025, S.B. Civil Writ Petition No. 1902 of 2025, S.B. Civil Writ Petition No. 2387 of 2025, S.B. Civil Writ Petition No. 2392 of 2025, S.B. Civil Writ Petition No. 2467 of 2025, S.B. Civil Writ Petition No. 2476 of 2025, S.B. Civil Writ Petition No. 2715 of 2025, S.B. Civil Writ Petition No. 2748 of 2025, S.B. Civil Writ Petition No. 3100 of 2025, S.B. Civil Writ Petition No. 2722 of 2025, S.B. Civil Writ Petition No. 4089 of 2025, S.B. Civil Writ Petition No. 4409 of 2025, S.B. Civil Writ Petition No. 4230 of 2025
Decided On : 18-02-2025

Advocates Appeared:
For the Petitioner: Mr. D.L.R. Vyas, Mr. D.S. Udawat, Mr. Sunil Beniwal, Mr. Ramavtar Singh, Mr. A.R. Godara, Mr. Ram Dayal, Mr. Mr. Shailendra Gwala, Mr. Ramesh Siyag, Mr. Sumer Singh Rathore, Mr. Shreyansh Mardia, Mr. Akshya Kumar Surana, Mr. Trilok Singh, Mr. R.J. Punia, Mr. Ratish Bhagnagar, Ms. Laxmi Rathore, Mr. Rajesh Bhargava, Mr. Manohar Singh, Mr. Vipin Makkad, Mr. Kunal Upadhyay, Mr. Rishabh Tayal.
For the Respondent: Mr. S.S. Ladrecha, AAG, Mr. Manish Patel.

The creation of new revenue villages must adhere to guidelines preventing names that favor specific castes or religions, ensuring communal harmony.

Headnote:
(A) Rajasthan Land Revenue Act, 1956 - Section 16 - Circular dated 20.8.2009 - Creation of new revenue villages - Petitioners challenged notification for creating village 'Gogaji Ki Jaal' alleging violations of guidelines. The State Government amended the circular on 17.2.2025, allowing for fresh proposals adhering to new guidelines. (Paras 3, 12, 18)

(B) Judicial Review - The Court emphasized that notifications issued contrary to established guidelines undermine communal harmony and must be quashed. The Court directed adherence to the amended circular for future proposals. (Paras 15, 18)

Facts of the case:
The writ petition was filed to quash the notification for creating a new village, alleging violations of the guidelines regarding naming villages after deities or specific castes.

Findings of Court:
The notification was quashed as it violated the guidelines, and the State was directed to initiate a fresh process under the amended provisions.

Issues: The main issue was whether the notification for creating the new village violated the guidelines set forth in the circular dated 20.8.2009.

Ratio Decidendi: The Court found that the creation of villages should not favor any particular caste or religion, maintaining communal harmony, and directed compliance with the amended guidelines.

Result: Notifications quashed and fresh proposals directed.

JUDGMENT :

1. The present batch of writ petitions is being heard and decided together as they arise out of common grievance. However, for brevity, the facts of SBCWP No.3470/2025 are taken into consideration for deciding the controversy in the present batch of writ petitions.

2. So far as the writ petition No.3470/2025 is concerned, the same has been filed for quashing the notification dated 20.1.2025 issued by the State Government for creation of new revenue village “Gogaji Ki Jaal” in District Barmer. The other writ petitions have been preferred challenging the similar notifications and the proposals for creation of new villages sent by the Panchayat Samities concerned in violation of Clause 4 of the Circular dated 20.8.2009.

3. Briefly stated facts necessary to be noted in SBCWP No.3470/2025 are that Vikas Adhikari of Goliya Jethmal Adel, District Barmer sent a proposal for creation of new village “Gogaji Ki Jaal” in Panchayat Samiti Aadel, District Barmer. The proposal for the same was taken in the meeting held on 30.9.2024. The proposal was accompanied by a “No Objection Certificate” (hereinafter referred to as ‘the NOC’) issued by the Gram Panchayat. The proposal received from the Gram Panchayat was examined by the Tehsildar concerned by conducting a preliminary inquiry and, thereafter, a report was submitted before the SDO, Gudamalani. In the said report, the recommendation was made for creation of the new village as proposed by the Tehsildar. When the fact of creation of new village came to the knowledge of the villagers, the villagers made a representation before the competent authorities of the State Government alleging that the said proposal was against the guidelines issued by the State Government vide its circular dated 20.8.2009. However, the State Government had issued notification on 20.1.2025 notifying the creation of revenue village “Gogaji Ki Jaal” , hence, the present writ petition has been filed.

4. Similarly, in other writ petitions, either the notification has been issued or the proposal for creation of new villages are in the pipeline and the representations had been made to the effect that the creation of such villages is in violation of clause 4 of the circular dated 20.8.2009.

5. Learned counsel for the petitioners submits that although the State Government had the power to create new villages as per Section 16 of the Rajasthan Land Revenue Act, 1956 , but vide circular dated 20.8.2009 certain guidelines have been issued for creation of such villages. In the present case, clause 4 of the guidelines has been violated as the name of the village is on a deity of a particular caste. Similarly in other cases, notification had been issued or the proposals for creation of the villages in the name of some person, caste, sub-caste or religion had been sent and, therefore, the same is in utter violation of clause 4 of the circular dated 20.8.2009.

6. Learned counsel submits that the names of the newly created villages cannot be named in violation of clause 4 of the circular dated 20.8.2009. He submits that when in certain cases the representation was made to the District Collector, Jodhpur, the District Collector, Jodhpur examined the matter and issued guidelines vide his order dated 10.2.2025 to name the villages in consonance with the provisions mentioned in the circular dated 20.8.2009. On the same line, the Board of Revenue has also issued an order dated 10.2.2025 addressed to Collector, Barmer.

7. Learned counsel further submits that similarly in other cases where the notification has not been issued, the proposals are in process giving names to the newly created revenue villages in utter violation of clause 4 of the circular dated 20.8.2009. It is, therefore, prayed that the notification dated 20.1.2025 and other similar notifications and proposals for creation of new villages in violation of clause 4 of the circular dated 20.8.2009 may be quashed and set aside.

8. Per contra Mr. S.S. Ladrecha, learned Addl. Adv