[2025:RJ-JD:42040]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18069/2025

1. Gang Das S/o Shankar Das, Aged About 40 Years, Village Kashmir, District Barmer (Raj.).

2. Devi Lal S/o Narsing Das, Aged About 35 Years, Village Kashmir, District Barmer (Raj.).

3. Paru W/o Jetha Ram, Aged About 77 Years, Village Kashmir, District Barmer (Raj.).

4. Shenbhu Ram S/o Jetha Ram, Aged About 61 Years, Village Kashmir, District Barmer (Raj.).

5. Dipa Ram S/o Bhura Ram, Aged About 47 Years, Village Kashmir, District Barmer (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Secretariat, Jaipur.

2. The District Collector, Barmer.

3. Sub Divisional Officer, Shiv, District Barmer.

4. Tehsidar, Shiv, District Barmer.

5. Village Development Officer, Kashmir, Tehsildar Shiv, District Barmer.

6. Sarpanch, Gram Panchayat Kashmir, Tehsildar Shiv, District Barmer. ----Respondents For Petitioner(s) : Mr. Mahendra Kumar Dudy For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/09/2025

1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

“It is, therefore, most respectfully prayed by the Petitioners before your kind Hon'ble Court that the writ petition filed by the Petitioners may kindly be allowed and by. an appropriate order or direction, in the nature thereof.

(a) Quash and set aside the arbitrary and illegal verbal order/ directions issued by the respondent authorities, whereby the petitioners have been asked to remove their dwelling houses from the Gram Panchayat land;

(b) Direct the respondents not to interfere with the peaceful possession of the petitioners over their residential houses situated on the Abadi land of Gram Panchayat, Kashmir, District Barmer, where the petitioners have been residing continuously for more than three decades.

(c) Direct the respondents to consider and decide the case of the petitioners for grant of patta/regularization/allotment of the land in their favour in accordance with law, after accepting the prescribed charges as per the Rules.

(d) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the member of Petitioners.

(e) cost of the writ petition may also be allowed in favour of the Petitioners.”

2. After arguing the matter for some time, learned counsel for the petitioners submitted that the petitioners would be satisfied if the Gram Panchayat Kashmir, Tehsil Sheo, District Barmer is directed to consider and decide the representation of the petitioners seeking regularization of their possession over the land in question in accordance with law, as expeditiously as possible.

3. In view of the aforesaid, this Court finds that the prayer made by learned counsel for the petitioners appears to be reasonable, therefore, the present writ petition is disposed of with a liberty to the petitioners to file a fresh representation alongwith a certified copy of the instant order within a period of two weeks from today, in the office of Gram Panchayat Kashmir, Tehsil Sheo, District Barmer seeking regularization of their possession over the land in question.

4. In case, a representation is so made, it is expected from the Gram Panchayat Kashmir, Tehsil Sheo, District Jaisalmer, then the same shall be considered and decided in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from receipt thereof.

5. It is made clear that the aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner’s grievance.

6. The respondents are directed to not dispossess the petitioners from the land in dispute without first deciding the representation to be submitted by him within a period of two weeks from today.

7. With the aforesaid d