[2025:RJ-JD:48480]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14370/2023

1. Bhanwar Lal S/o Kirta Ram, Aged About 44 Years, Resident Of Village Pannawas, Post Undu, Tehsil Shiv District Barmer (Raj.)

2. Bhera Ram S/o Kheraj Ram, Aged About 41 Years, Resident Of Village Pannawas, Post Undu, Tehsil Shiv District Barmer (Raj.)

3. Mota Ram S/o Bhagaram, Aged About 70 Years, Resident Of Village Pannawas, Post Undu, Tehsil Shiv District Barmer (Raj.) ----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Revenue Department, Govt. Of Rajasthan, Secretariat, Jaipur

2. The Secretary, Rural Development And Panchayati Raj Department, Secretariat, Jaipur

3. The District Collector, Barmer.

4. Sub Division Officer, Shiv, District Barmer

5. Tehsildar, Shiv District Barmer.

6. Gram Panchayat, Undu Panchayat Samiti Shiv, District Barmer (Raj.), Through Its Village Development Officer.

7. Nandram S/o Hardas, R/o Village Pannawas, Post Undu, Tehsil Shiv, District Barmer ----Respondents For Petitioner(s) : Mr. A.R. Godara.

For Respondent(s) : Mr. N.S. Rajpurohit, AAG with Mr. Sher Singh Rathore.

Mr. Sanjay Nahar, for R/7.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

11/11/2025

1. This writ petition has been filed by the petitioners with the following prayers:

“A/ By an appropriate writ, order or direction, the order dated 18.04.2023 (Annex-16) passed by the Government of Rajasthan as well as order dated 03.05.2023 (Annex.- 17) passed by the District Collector (LR) Barmer may kindly be quashed and set aside.

B/ By an appropriate writ, order or direction, the respondents may kindly be directed to declare the name of the area in question as already named Rao ki Dhani revenue village.

C/ By an appropriate writ, order or direction the respondents may kindly be directed to convene the Gram Sabha of Gram Panchyat Undu, Tehsil Shiv, District Barmer and also be directed to consider the proposal dated 22.12.2022 (Annex-) issued by the gram Panchayat Undu Panchayat Samiti Shiv District Barmer.

D/ Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances in the case.

E/ Writ petition filed by the petitioners may kindly be allowed with costs.”

2. Learned AAG submits that the controversy involved in the present writ petition is squarely covered by the Co-ordinate Bench of this Court vide order dated 23.09.2025 passed in SBCWP No.14930/2025 along with other connected matters titled as Mala Ram & Anr. Vs. State of Rajasthan & Ors wherein, the Co- ordinate Bench has dismissed the writ petition while granting liberty to the petitioners to file representation before the competent authority of the State Government within a period of 30 days and the State Authority was directed to consider and decide the representation as expeditiously as possible.

3. Learned counsel for the petitioners vehemently opposed the submissions made by the learned AAG, contending that the present case is distinguishable from Mala Ram (supra). He submits as per the governing law and Government of Rajasthan’s guidelines for creation of new revenue villages, a village cannot be named after any individual, caste, religion, or community. However, while altering the limits of village Pannawas, the new village was named Hardas Nagar after the father of respondent no.7, who holds no public recognition. Such naming and the consequent notification dated 18.04.2023 are contrary to the prescribed rules and therefore liable to be quashed and set aside.

4. Learned counsel for the petitioner submits that the impugned action of the respondents is not in consonance with the government guidelines dated 20.08.2009. He submits that though he has not mentioned the date of circular / guidelines dated 20.08.2009 in the writ petition, however, the respondents have violated the aforementioned guidelines.

5. He further submits that the impugned notification is not in consonance with the Section 8A of The Rajasthan Panchayati