HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5297/2026 Khemraj S/o Shri Jeta Gameti, Aged About 55 Years, Resident Of Uthnol, Tehsil Nathdwara, District Rajsamand(Raj)

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Govt Of Rajastghan, Jaipur

2. The District Collector, Rajsamand

3. The Tehsildar, Nathdwara, District- Rajsamand

4. The Gram Panchayat Uthnol, District-Rajsamand Through Sarpanch/gram Vikas Adhikari

5. Narayan S/o Vijay Singh, Resident Of Jetela, Uthnol, Tehsil - Nathdwara, District Rajsamand ----Respondents For Petitioner(s) : Mr. Jayant Jain HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

09/03/2026

1. The present writ petition is filed seeking appropriate directions to the respondents for removal of the alleged illegal encroachment, in accordance with the mauka report dated 17.09.2025 (Annex.-5) prepared by the Patwari, Village Uthnol, Tehsil Nathdwara, District Rajsamand.

2. Learned counsel for the petitioner submitted that petitioner owns agricultural land bearing Khasra No. 76 (Old Khasra No. 147), situated in revenue village Uthnol, Tehsil Nathdwara, District Rajsamand. It is alleged that Respondent No. 5 has unauthorizedly constructed a washroom/bathroom over the public way, thereby obstructing and blocking access to the petitioner's agricultural land. The said construction encroaches upon the dammer (tar) road, resulting in its narrowing, and constitutes a continuous source of inconvenience and potential accidents on this public way. 3. Learned counsel for the petitioner further submitted that, consequent to the petitioner's complaint, the Patwari, Village Uthnol, conducted a site inspection; the resultant report, confirming Respondent No. 5's encroachment through construction of a washroom/bathroom, was forwarded to the Tehsildar, Nathdwara. Notwithstanding submission of this report, the respondent authorities have failed to take any action, necessitating the present writ petition.

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

5. Upon scrutinizing the said record, this Court notes that a specific allegation has been levelled by the petitioner that Respondent No. 5 has raised construction of a bathroom/washroom over the Dammer road/public way, resulting in narrowing of the width of public way leading to the agricultural land of the petitioner. However, an appraisal of the site inspection report prepared by the Patwari, Village Uthnol, more particularly, the site map prepared along with the said report, reveals that the washroom/bathroom stated to have been constructed by Respondent No. 5, is situated over the land bearing Araji No. 1905, which is not recorded as Gair Mumkin Rasta/Public Way in the revenue record. The site map further shows that the construction is raised near the public way and does not obstruct or narrow the width of the existing public way.

6. The Patwari, Village Uthnol, has further reported that upon the land of Araji/Khasra No. 1905, some 20-25 residential houses have already been constructed, with families in occupation. The alleged encroachment i.e., washroom/bathroom is noted to have been constructed approximately 9-10 years prior. In light of this report, the petitioner's allegation of construction over the public way occasioning obstruction, appears to be misconceived and unsupported by the record. The petitioner has also failed to substantiate any obstruction to access over his agricultural land.

7. As mentioned above, nearly 20-25 residential houses have been constructed over Khasra No. 1905. Yet, the petitioner has selectively targeted only Respondent No. 5's construction through his complaint and the present petition. This pick-and-choose approach casts serious doubt on the petitioner's bona fides, invoking the salutary principle that one approaching this Court must do so with clean hands.

8. While this Court cannot countenance or legitimize encr