[2026:RJ-JD:4445]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1772/2026 Chuni Lal Gurjar S/o Sh. Mangi Lal Gurjar, Aged About 59 Years, Resident Of Village 17, Ahiron Ka Kheda, Tehsil Aasind, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through The District Collector, Bhilwara.

2. Tehsildar Asind, Bhilwara.

3. Sdo/assistant Collector, Bhilwara.

----Respondents For Petitioner(s) : Mr. Pradhuman Singh.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

23/01/2026

1. Heard learned counsel for the petitioner. The present writ petition has been filed with the following prayers:-

“1. By issuing a Writ of Certiorari, the impugned Notice dated 163.09.2025 (Annex.5) issued by Respondent No. 2, whereby the petitioner has been directed to remove the alleged encroachment from Khasra Nos. 140 of village Ahiron Ka Kheda, may kindly be quashed and set aside.

2. By issuing a Writ of Mandamus, the Respondent No. 3 and/or the competent authority (SDO/Assistant Collector, Bhilwara) may kindly be directed to hear and decide the pending statutory application preferred by the petitioners under Section 101 of the Rajasthan Land Revenue Act, 1956, expeditiously and in a time- bound manner, preferably within a period of four weeks, after affording due opportunity of hearing to the petitioners.

3. By issuing a Writ of Mandamus, the Respondents, their agents, employees, and all persons acting on their behalf, may kindly be restrained, by way of a permanent injunction, from disturbing the settled and long-standing possession of the petitioners over the land comprised in Khasra No. 140, and further restrained from demolishing or removing any of the existing structures (house, boundary wall, well, etc.) or disconnecting water/electric connections, until the pending application under Section 101 of the Act of

1956 is finally decided by the competent authority.”

2. Learned counsel for the petitioner submits that in pursuance of the notice issued on 16.09.2025 (Annexure-5) the respondent authorities are proceeding against the petitioners in a hot-haste manner without considering the reply filed by him. Learned counsel for the petitioner further submits that the concerned authorities may be directed to act in accordance with the provisions of law.

3. I have considered the submissions made at the Bar and have gone through the pleadings placed before me.

4. The respondent authorities have issued a notice under Section 91 of the Rajasthan Land Revenue Act, 1956 dated 16.09.2025 (Annexure-5) and the petitioner has filed reply to the said notice and the matter is pending consideration before the Tehsildar, Asind, Bhilwara. There is no occasion for this Court to assume that the authorities concerned will not act in accordance with law. The contentions of the learned counsel for the petitioner that the authorities are proceedings in hot-haste manner is also not reflected from the papers placed before this Court. However, in the interest of justice, the respondent authorities are directed to proceed in the matter in accordance with law and any action taken by them must be in-conformity with law and in due compliance of the principles of natural justice.

5. The respondent authorities shall pass the order in the proceedings pending before it strictly in accordance with law.

6. Till the final decision is taken by the concerned Tehsildar/ Up- Tehsildar, the petitioner shall not be dispossessed from the subject piece of land.

7. The writ petition is disposed of in the above terms.

(DR.NUPUR BHATI),J

185-pradeep/-