[2025:RJ-JD:50435-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition (PIL) No. 3438/2022 Shankar Singh Gohil S/o Tag Singh, Aged About 56 Years, Village Suthana, Post Achalpur, Tehsil Sanchore, District Jalore.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Department Of Revenue, Government Of Rajasthan, Jaipur.

2. District Collector, Jalore.

3. Tehsildar, Sanchore, District Jalore.

4. Gram Panchayat Suthana, Post Achlapur, Tehsil Sanchore, District Jalore Through Its Sarpanch.

----Respondents For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Ms. Aditi Sharma for Mr. N.S. Rajpurohit, AAG Mr. Dinesh Bishnoi HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

21/11/2025

1. The present petition (PIL) is being filed with the following prayer :

"It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and passed the following direction:-

a) By an appropriate, writ, order or direction may kindly be issued and the order dated 19.01.2021 (13) passed by District Collector Jalore may kindly be declared illegal and against the provisions of the Rule and further same may quashed and set aside.

b) By an appropriate, writ, order or direction may kindly be issued and the act of the respondent Sub Division Officer as well as the gram Panchayat for construction of the building upon the pasture land without the approval of the state may kindly be declared illegal, arbitrary, perverse and without jurisdiction.

c) By an appropriate, writ, order or direction may kindly be issued and the respondents may kindly be directed to earmark of the encroachments upon the land of Khasra No. 499/55, 55/358, 260, 262 and 28, which is reserved as Pasture, of village Suthana, Tehsil Sanchore, District Jalore and further pass the directions to remove all kind of encroachments upon the land mentioned as above including the illegal construction raised by the Gram Panchayat Suthana.

d) By an appropriate, writ, order or direction may kindly be issued and the respondents may kindly be directed to earmark of the encroachments upon the land of Khasra No. 499/55, 55/358, 260, 262 and 28, and the allotments or set apart whatever made for any purpose or other than public purpose may kindly be directed to cancel in light of the direction passed by the Hon'ble Supreme Court in case of Jagpal Singh (Supra)

and the directions passed by this Hon'ble Court in case of Abdul Rehman (Supra).

e) By an appropriate, writ, order or direction may kindly be issued and the respondents may kindly be directed to correct the entry in Bhunaksha of the Khasra 498/55 and enter the land and as per the site memo dated 21.07.2020 prepare by revenue team of the Patwar Circle Suthana, Tehsil Sanchore.

f) By an appropriate, writ, order or direction may kindly be issued and the respondent may kindly be directed to identify all kind of the encroachment upon the land mentioned in the present petition and further take action against the encroacher under the provision of the Rajasthan Land Revenue Act and remove all kind of encroachment from the land in question.

g) That any other relief, which this Hon'ble Court deems fit, by which the petitioner may get full justice may also be allowed.

11. Interim order, if prayed for:

By an appropriate, interim order or direction may kindly be issued and the respondents may kindly be directed to earmark of the encroachments upon the land mentioned in the writ (PIL) petition and recorded as Gair Mumkin Gochar (Pasture)

of village Suthana, Tehsil Sanchore, District Jalore and further pass the directions to remove all kind of encroachments upon the land mentioned as above."

2. Learned counsel for the petitioner Mr. Moti Singh, has challenged the allotment order (Annex.13) dated 19.01.2021, in which, the respondents have set apart the gochar land and has excerpt the required land and has in the meanwhile allotted 1.2 hectares from the goc