[2026:RJ-JD:8464-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 5003/2025 Mehrab S/o Shri Aarab, Aged About 30 Years, Resident Of Tibansar, Khuiyala, Tehsil Ramgarh, District Jaisalmer (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. District Collector, Collector Office, Jaisalmer (Raj.)

3. The Chief Executive Officer, Jaisalmer Zila Parishad, Jaisalmer (Raj.)

4. Tehsildar, Ramgarh, Tehsil Ramgarh, District Jaisalmer (Raj.)

----Respondents For Petitioner(s) : Mr. Sumer Singh Rathore For Respondent(s) : Ms. Aditi Sharma and Mr. B.S. Sodha on behalf of Mr. N.S. Rajpurohit, AAG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SANDEEP SHAH

Order

16/02/2026

1. The petitioner has preferred the present writ petition claiming the following reliefs :-

“It is, therefore, most humbly and respectfully prayed by the humble petitioner, before your kind Lordships that; this writ petition filed by the petitioners, may kindly be allowed with cost and;

(i) by an appropriate writ, order or direction, the respondents may be directed to remove the illegal encroachments from the reserved as Gair Mumkin Magra i.e. 23.4205 hectare land of Khasra No. 1488, 9.0497 hectare land of Khasra No. 1485, 22.4578 hectare land of Khasra No. 1490, 0.9546 hectare land of Khasra No. 1489/1884, 7.5317 hectare land of Khasra No. 1491, 5.6630 hectare land of Khasra No. 1491/1886, 1.6018 hectare land of Khasra No. 1490/1885, 1.6341 hectare land of Khasra No. 1489 and 2.5079 hectare land of Khasra No. 1485/1883 of Village - Tibansar, Patwar Halka - Siyambar, revenue record area Khuiyala, Tehsil & District - Jaisalmer (Raj.) is recorded as a land reserved for Gair Mumkin Magra and villagers of village Tibansar as well as villages Chadniya Mohd. Ka Gaou, Soron ka Gaon, Marakh ka Gaon etc. may be allowed to use the same for storage of rainy water drinking water and grazing their animals/ cattle in the said land of Gair Mumkin Magra in the interest of public at large;

(ii) by an appropriate writ, order or direction, the respondents may further be directed not to allot /issue pattas in relation to the 23.4205 hectare land of Khasra No. 1488, 9.0497 hectare land of Khasra No. 1485, 22.4578 hectare land of Khasra No. 1490, 0.9546 hectare land of Khasra No. 1489/1884, 7.5317 hectare land of Khasra No. 1491, 5.6630 hectare land of Khasra No. 1491/1886, 1.6018 hectare land of Khasra No. 1490/1885, 1.6341 hectare land of Khasra No. 1489 and 2.5079 hectare land of Khasra No. 1485/1883 of Village Tibansar, Patwar Halka - Siyambar, revenue record area Khuiyala, Tehsil & District - revenue record area Khuiyala, Tehsil & District Jaisalmer (Raj.)

(iii) any other order which is in favour of public at large may kindly also be passed in the interest of justice."

2. A Division Bench of this Court in Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No.10819/2018, vide order dated 30.01.2019, has directed creation of Public Land Protection Cell (PLPC) for rural areas in every district;

the relevant portion of the order reads as follows :-

"This Court is inundated with large number of writ petitions, styled as public interest litigation, from almost all the Districts of the State, with allegations of encroachment over the pasture land/ land of ‘johad’, ‘talab’/ river/river bed/public way/ Shamshan/Kabristan etc. In all such petitions, common allegation is that despite repeated complaints/representations to the concerned revenue officers, no steps are taken by them to remove the encroachment. This results in number of writ petitions being filed by the complainants/representationists before this Court. This Court has been passing orders in such matters requiring the respective District Collectors to examine the factual content of the allegations and take steps to remove the encroachments so as to secure such land.

In order