[2025:RJ-JD:49694]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 22171/2025 Manohar Lal Bishnoi S/o Late Shri Lalaram, Aged About 33 Years, R/o Sarno Ki Dhani, Village Ekalkhori, Tehsil Osian, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Revenue, Government Secretariat, Jaipur (Raj.). 2. The District Collector Jodhpur, Rajasthan.

3. Additional District Magistrate (Adm-I), Jodhpur (Raj.).

4. Sub Divisional Officer Osian, District Jodhpur (Raj.).

5. Tehsildar Osian, District Jodhpur (Raj.).

6. Patwari, Patwar Halka Ekalkhori, Tehsildar, Osian, District Jodhpur.

7. Mohan Ram Bishnoi S/o Late Shri Dhimaram, R/o Village Ekalkhori, Tehsil Osian, District Jodhpur, Rajasthan.

----Respondents For Petitioner(s) : Mr. Dinesh Chandra Mali HON'BLE DR. JUSTICE NUPUR BHATI

Order

18/11/2025

1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(1) Issue an appropriate writ, order or direction in the nature of mandamus directing the respondent authorities, particularly the Respondent District Collector, Jodhpur, to forthwith take necessary action for removal of the encroachment and obstruction made by the private respondent Mohan Ram, from the land bearing Khasra No. 467/1 and Khasra No. 1012/467, situated at village Ekalkhori, Tehsil Osian, District Jodhpur, which land is recorded in the name of the State and being used as a public way leading to the petitioner's Dhani located in Khasra No. 1013/467.

(ii) Issue an appropriate writ, order or direction directing the Respondent District Collector, Jodhpur to consider and decide the petitioner's representations dated 14.07.2025, 10.10.2025, and the Legal Notice dated 30.08.2025, in accordance with law and in light of the directions passed by this Hon'ble Court in Abhay Singh vs. State of Rajasthan, &Ors. (D.B. Civil Writ Petition No. 13369/2025) and Jagdish Prasad Meena vs. State of Rajasthan &

Ors (D.B. Civil Writ Petition (PIL) No. 10819/2018).

(iii) Issue an appropriate writ, order or direction to the respondent authorities to initiate proceedings before the Public Land Protection Cell (PLPC) and ensure removal of encroachment from the aforesaid khasra numbers and restoration of the public pathway to its original condition (iv) Issue an appropriate writ, order or direction to the concerned police authorities to provide protection to the petitioner and his family members against any threat intimidation or harassment caused by the private respondent Mohan Ram, during or after the removal of the encroachment.

(v) Any other appropriate writ order or direction which this Hon'ble Court deems just and proper on the facts and in the circumstances of the case may also be passed in favour of the Petitioner with cost of the petition.”

2. It is noticed that the Hon’ble Division Bench of this Court in DBCWP No.1554/2004: Gulab Kothari Vs. State of Rajasthan & Ors. vide order dated 12.01.2017 already issued directions to the State authorities to remove the encroachment made on the pasture, Officio/Gair Mumkin Nadi/Nada and Gair Mumkin Rasta (way).

3. The respondents are under an obligation to remove the encroachment made on the Agore land keeping in view the directions issued by this Court in the case of Gulab Kothari (supra) and the directions/guidelines issued by a Coordinate Bench at Jaipur in D.B. Civil Writ (PIL) Petition No.10819/2018: Jagdish Prasad Meena & Ors. Vs. State of Rajasthan & Ors. vide order dated 30.01.2019 reads as under:

"In order therefore to provide a pan-Rajasthan solution to this ever persisting problem, we deem it appropriate to direct the Chief Secretary of the State to devise a permanent mechanism, which should be operational in every District of the State where the concerned District Collector should be required to periodically notify for the information of the general public to lodge the complaints/represe