IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANUROOP SINGHI, J.
Dharam Singh S/o Shri Bhajora Ram – Appellant
Versus
State of Rajasthan and Others – Respondents
S.B. Civil Writ Petition No. 4626 of 2026
Decided On : 12-03-2026
ORDER :
1. The present writ petition has been filed by the petitioner challenging the order dated 30.01.2026 (Annexure-14) passed by Deputy Secretary, Department of Revenue, Government of Rajasthan, vide which directions have been issued to convert the charagah (pasture) land admeasuring 1210 sq. mtrs. out of 3.16 hectare of khasra No. 925 and land admeasuring 3634 sq. mtrs. out of 3.13 hectare of khasra No.927, total being 4844 sq. mtrs. situated at village Bhonda, Tehsil Weir, District Bharatpur as public way for being used as a right of way and to construct a ^^iqfy;k** (culvert/bridge) on khasra No.926 which is recorded as a ‘Gair Mumkin Pokhar’ (Water Body) for granting ingress and egress to the Mining Lease No.3/93 of the respondent No.6.
2. The facts leading to filing of the present writ petition are that on the application filed by the petitioner before the Office of Collector and District Magistrate, Bharatpur, seeking grant of ingress and egress to the Mining Lease No.3/93, vide order dated 01.01.2025 (Annexure-6) a proposal was forwarded by the said Office to the Principal Secretary, Revenue Department for granting access to the respondent No.6 to its mining lease through khasra Nos.925, 926 and 927, the operative part of which reads as under:-

3. Subsequent to the passing of the said order, as no concrete action was taken by the respondents, a writ petition being S.B. Civil Writ Petition No. 3696/2025 was filed by the respondent No.6 which came to be decided by this Court vide its order dated 21.05.2025 (Annexure-2), vide which the Principal Secretary, Revenue Department was directed to take a final decision on the recommendation made by the District Collector, Bharatpur. The operative portion of the order dated 21.05.2025 reads as under:-
“7. Looking to the controversy involved in the case, this Court deems it just and proper to dispose of the instant writ petition by issuing directions to the Principal Secretary, Revenue Department to take a final decision on the recommendation made by the District Collector, Bharatpur vide letter dated 01.01.2025 and pass a reasoned and speaking order, strictly in accordance with law.
8. The applicant would be at liberty to submit his objections and it is expected from the Principal Secretary, Revenue Department to consider the objections raised by the applicant and pass appropriate orders strictly in accordance with law, expeditiously as early as possible, preferably within a period of 15 days from today.
9. With the aforesaid observations, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.
10. Before parting with this order, it is made clear that this Court has not issued any order or direction to the respondent No.1 to decide the matter in a particular way. He would be at liberty to decide the same strictly in accordance with law.”
4. Subsequent to the order dated 21.05.2025 passed by this Court, the Principal Secretary, Revenue Department, vide its order dated 11.06.2025 (Annexure-9) rejected the proposal dated 01.01.2025 primarily on the ground that khasra Nos.925 and 927 are ‘charagah’ (pasture) land and khasra No.926 is ‘Gair Mumkin Pokhar’ (Water Body). Due reference was also given to the judgments passed by the Hon’ble Supreme Court, by this Court, applicable provisions of law and legal opinion sought by the Department.
5. Aggrieved by the same, respondent No.6 again approached this Court by filing S.B. Civil Writ Petition No. 10252/2025 which came to be decided vide order dated 29.08.2025 (Annexure-4), wherein following directions were issued:-
“8. Various versions and cross-versions have been made with regard to the land bearing Khasra No.926 that it is a ‘Gair Mumkin Pokhar’ and it was recorded as ‘Nari’ (kind of river) in the revenue record, hence, the same cannot be allotted to the petitioner for the purpose of a way. As per the petitioner, there exists no ‘Pokhar’ or ‘Nari’ on the subject land, wh





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