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2026 Supreme(Raj) 130

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Ramsukh S/o Sita Ram Darji – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Rohitash Singh Rathore
For the Respondents: Tushar Jain, Aishwarya Anand

Table of Content
1. filing of writ petition and prayers (Para 1)
2. facts of encroachment case (Para 2 , 4 , 5)
3. parties' arguments on encroachment and construction (Para 6 , 7)
4. court's findings on prima facie case and merits (Para 9 , 10 , 12 , 13)
5. supreme court doctrines on article 227 (Para 14 , 15 , 16)
6. writ petition dismissed (Para 18)

ORDER :

1. The present writ petition is filed with the following prayers:-

“(i) The Judgment dtd. 06.11.2025 (Annexure-5) passed by Learned Additional District Judge, Jayal (Nagaur), in Civil Appeal decree no. 32/2023 (General Public of Dugstau & Anr. Vs. State of Raj. & Ors.) by which appeal of the petitioners-plaintiff was dismissed, may kindly be quashed and set aside.

(ii) The Judgment dated 18.01.2023 (Annexure-4) bearing civil origina suit no. 05/2022 (General Public of Dugstau & Anr. Vs. State of Raj. & Ors.) passed by Learned Civil Judge, Jayal District Nagaur by which application of the petitioners-plaintiff filed under Order 39 Rule 1 & 2 of CPC was rejected, may deserves to be quashed and set aside.

(iii) The prayer made in the T.I. application may kindly be allowed and respondents may kindly be directed to construct the road in the m

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