[2026:RJ-JD:8201]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8496/2025

1. State Of Rajasthan, Through The Tehsildar, Sujangarh, District Churu

2. State Of Rajasthan, Through Naiyab Tehsildar, Sub Tehsil, Bidasar, District Churu.

----Petitioners Versus

1. Late Shri Nanuram Father/o Kushala Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

2. Late Smt. Raja Devi W/o Late Shri Nanu Ram, Aged About 45 Years, R/o Badhsar, Tehsil Sujangarh, District Churu

3. Heera Lal S/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

4. Ram Lal S/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

5. Lali Devi D/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

6. Meera Devi D/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

7. Shanti Devi D/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

8. Khemi Devi D/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

9. Revanti Devi D/o Late Shri Nanu Ram, R/o Badhsar, Tehsil Sujangarh, District Churu.

----Respondents For Petitioner(s) : Mr. Sanjay Raj Paliwal, G.C.

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

12/02/2026

1. Present writ petition is filed challenging the judgment dated 04.02.2020 passed by learned Board of Revenue, whereby Reference Case No. 2006/1568/Churu was rejected by learned Board of Revenue.

2. Learned counsel for petitioners stated that at the time of settlement i.e. from Samvat 2010 to 2012, the land of khasra No. 226, ad measuring 60 bigha 17 biswa, Village Badhsar (hereinafter referred to as “land in question”) recorded as Makbuja Thikana. Later on, the khasra numbers were changed and the land was re-numbered as khasra nos. 106 and 265 and was recorded as Gair Mumkin Gochar in Samvat 2028 to 2058.

2.1 It is stated that the respondents have preferred a revenue suit and Court of Assistant Collector, Sujangarh vide its judgment dated 23.10.2000 has ordered to record land of khasra No. 265 measuring 48 bigha 6 biswa, in the name of private respondents.

2.2 In the year 2014, Additional Collector made a reference to the Board for Revenue requesting to order for recording the land in question again as Gair Mumkin Gochar.

2.3 Learned Board of Revenue vide its judgment dated 04.02.2020 dismissed the said reference. Challenging the said judgment dated 04.02.2020, present writ petition is filed.

3. Counsel for the petitioners argued that the findings recorded by learned Board of Revenue are perverse. Order impugned has been passed without considering the fact that during the intervening period, the land had been recorded as Gair Mumkin Gochar for a considerably long time and the same was wrongly recorded in the name of private respondents.

3.1 Learned counsel for petitioners submits that by virtue of Section 16 of Rajasthan Tenancy Act, 1955, no khatedari rights can be created with respect to land recorded as Gair Mumkin Gochar and, therefore, the rejection of reference is in clear violation of statutory provisions.

3.2 Learned counsel for petitioners further contended that rejection of reference and the refusal to record the land as pasture land will adversely affect the rights not only of the villagers but also of the livestock in the area in question.

4. Heard learned counsel for petitioners and perused the material available on record.

5. At the outset, this Court finds that the impugned order was passed on 04.02.2020, whereas the present writ petition has been filed in April 2025, i.e., after a lapse of more than five years. No explanation, even in the nature of a formal plea, has been furnished in the writ petition for the delay caused in filing the writ petition. Upon a specific query being posed by this Court, learned counsel for the petitioners failed to offer any justifiable explanation for such inordinate delay.

5.1 The law regarding delay and laches in filing a writ petition is well settled. Although no specific period of limitation is prescribed for challenging