ORDER :

1.This petition has been preferred by the petitioner, wherein it has been stated that there are permanent encroachments in village Makdawa, Tehsil Kotkasim, District Khairthal, which need to be removed. It is stated that the petitioner had filed several representations to the competent authority for removal of the encroachments, however no heed was paid.

2. In another writ petition, Jagdish Prasad Meena & Ors. Vs State of Rajasthan & Ors., the case was sent to the Public Land Protection Cell, however as nothing has been done in this regard, the petitioner therefore prayed as under :-

"It is, therefore, by submitting writ petition it is humbly prayed that the writ petition of the this petitioner may kindly be accepted and allowed and:-

(a) respondent No. 1 to 4 may kindly be directed to remove the encroachment over the khasra number 972, 1113/973 of Village Makdawa, Tehsil Kotkasim, District Khairthal-Tijara over and the khasra No. 713/27 of Village Matalwas, Tehsil Kotkasim, District Khairthal-Tijara.

(b) Any other appropriate order which this Hon'ble Court may deem fit in the interest facts and of justice in the circumstances of thecase in favour of the petitioner may kindly be passed.

11. Interim Relief:

The respondent No. 5 to 11 may kindly be restrained from the encroachment over the khasra number 972, 1113/973 of Village Makdawa, Tehsil Kotkasim, District Khairthal-Tijara and over the khasra No. 713/27 Village Matalwas, Tehsil Kotkasim, District of Khairthal-Tijara during pendency of the petition.

12. Caveat:

That no notice has been received of lodging a caveat by the opposite party."

3. In response, the Collector and the Tehsildar have filed their replies stating that there were temporary encroachments, which have been removed and permanent encroachments are also there, in which, notices have been issued to the concerned persons under Section 45, 46, 47 and 48 of the Rajasthan Special Investment Regions Act, 2016 and Section 90 and 92 of the Urban Improvement Act 1959 to remove the encroachments. The BIDA, Bhiwadi does not hold the control of Khasra No.972 and 1113/973 and would not be competent to take action in regard to any encroachments in that area.

4. Applications have been filed by the concerned persons, who are residing in the said Khasras and an order of the District Collector dated 26.11.2025 has been placed before us, which reflects that the District Collector has sent a proposal to the SDO for extension of the Abadi land for regularizing the plots in Khasra Nos.972 and 1113/973, which is in Abadi land. The action is to be taken under Section 102-A of the Rajasthan Land Revenue Act of1956.

5. At the same time, it has also been directed by the District Collector to provide alternate places for accommodation of the persons, who are residing in the said Khasra No.972 and Khasra No.1113/973.

6. Learned counsel submitted that the land is in gair-mumkin abadi area and therefore, it cannot be said that there is any encroachment on the said land as the houses have been made and they need to be regularized since the concerned Panchayat has already issued pattas.

7. Considering the aforesaid aspects, we find that the present PIL petition is without any basis and the relief claimed in the PIL cannot be granted. Moreso, as the land falls in Abadi area, where people are residing.

8. Accordingly, the present writ petition is dismissed.