[2025:RJ-JD:30755]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7849/2025

1. Anil S/o Jagdish, Aged About 35 Years, Guda Vishnoiyan, Tehsil Luni District Jodhpur.

2. Babu Lal S/o Sanwar Ram, Aged About 60 Years, Guda Vishnoiyan, Tehsil Luni District Jodhpur.

3. Sunil Saran S/o Thana Ram, Aged About 37 Years, Sarano Ki Dhani, Guda Vishnoiyan, Tehsil Luni District Jodhpur.

4. Prem S/o Jawari Lal, Aged About 37 Years, Sihagon Ki Dhani, Guda Vishnoiyan, Tehsil Luni District Jodhpur.

----Petitioners Versus

1. The State Of Rajasthan, Through Secretary, Department Of Revenue (Gr.i), Government Of Rajasthan, Secretariat, Jaipur.

2. Dy. Secretary, Department Of Revenue (Gr.i), Government Of Rajasthan, Secretariat, Jaipur.

3. Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

4. Board Of Revenue, Rajasthan, Ajmer Through Registrar.

5. District Collector (Land Record), Jodhpur.

6. Sub Divisional Officer, Luni District Jodhpur.

7. Tehsildar (Revenue), Luni District Jodhpur.

----Respondents For Petitioner(s) : Mr. R.S. Choudhary with Mr. S.S. Gour For Respondent(s) : Mr. Yogesh Sharma for Mr. S.S. Ladrecha, AAG Mr. Moti Singh JUSTICE DINESH MEHTA

Order

14/07/2025

1. By way of the present writ petition, the petitioners have challenged the creation of two revenue villages namely ‘Guda Bhakri’ and ‘Sant Magaram Nagar’.

2. So far as the creation of revenue village ‘Guda Bhakri’ is concerned, the learned counsel for the petitioners seeks permission to withdraw the present writ petition, however, with liberty to file afresh with fresh material.

3. Permission granted.

4. With the liberty as prayed, the present writ petition is dismissed as withdrawn qua creation of revenue village ‘Guda Bhakri’.

5. The petitioner’s challenge, therefore, remains qua revenue village ‘Sant Magaram Nagar’, which has been created out of Gram Panchayat Guda Vishnoiyan.

6. Learned counsel for the petitioner challenged the creation of revenue village ‘Sant Magaram Nagar’ on two counts; firstly, it is indicative of name of local deity/Sant in whose name there exists a temple/Samadhi and; secondly, the center of the village, which has been fixed is a land of pond.

7. During the pendency of the present writ petition, the respondents have produced an affidavit/consent given by the resident of the village, in which he has offered to surrender 1 bigha of land parcel in Khasra No.546 of village ‘Guda Vishnoiyan’ for village development.

8. According to this Court, the name of revenue village ‘Sant Magaram Nagar’ is indicative of a local deity/Sant in whose name exists a temple in the village and hence, it is contrary to the circulars issued by the State Government.

9. In light of the judgments of this Court in cases of Moola Ram vs. State of Rajasthan (S.B. Civil Writ Petition No. 3470/2025) decided on 18.02.2025 and Joga Ram & Anr. Vs.

State of Rajasthan & Ors. (S.B. Civil Writ Petition No.7275/2025 decided on 08.05.2025, the creation of revenue village in the name of ‘Sant Magaram Nagar’ cannot sustain. Hence, the notification dated 26.03.2025 (Annexure-12) qua creation of revenue village ‘Sant Magaram Nagar’ out of Gram Panchayat Guda Vishnoiyan is hereby quashed.

10. The respondent-State shall, however, be free to create revenue village in any other name except the name ‘Sant Magaram Nagar’ in accordance with law.

11. The respondent-State shall create the center of the revenue village in Khasra No. 546, for which the donor has given his consent to donate 1 bigha land.

12. It is hereby made clear that the quashment of the notification dated 26.03.2025 shall not require the State to initiate the proceedings for the creation of revenue village afresh; only the proceedings related to the change in name and centre of the village shall be undertaken.

13. The writ petition qua revenue village ‘Sant Magaram Nagar’

stands allowed, as indicated above.

14. Stay application also stands disposed of, accordingly.

(DINESH MEHTA)