HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 22909/2025 Gram Panchayat Daulatpura, Panchayat Samiti Didwana, District Didwana-Kuchaman Through Sarpanch Rampyari W/o Bhanwar Lal, Aged About 56 Years, R/o Village Daulatpura, Tehsil Didwana, District Didwana Kuchaman.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Medical Health Department, Govt. Of Rajasthan Secretariat, Jaipur.

2. District Collector, Didwana-Kuchaman.

3. Tehsildar, Tehsil Didwana, District Didwana-Kuchaman.

4. Executive Engineer, Medical Health Department, Division-

Ii, C-Block, Basement, Swasthya Bhawan, Tilak Marg, C-

Scheme, Jaipur.

5. Chief Medical And Health Officer, Didwana-Kuchaman.

----Respondents Connected With S.B. Civil Writ Petition No. 7771/2022 Trilok Mehra S/o Jeevan Ram, Aged About 46 Years, R/o Daulatpoora Tehsil Didwana, District Nagaur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Jaipur, Rajasthan.

2. The District Collector, Nagaur, Rajasthan.

3. The Tehsildar, Tehsil Didwana, District Nagaur, Rajasthan.

4. The Sub Divisional Officer, Tehsil Didwana, District Nagaur, Rajasthan.

5. That Sarpanch, Gram Panchayat Daularpoora, Nagaur.

----Respondents For Petitioner(s) : Mr. R.S. Bhardwaj.

Mr. Gajendra Singh Shekhawat.

For Respondent(s) : Mr. Sanjay Raj Paliwal, G.C.

Mr. Piyush Bhandari.

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

17/02/2026

1. The core issue involved in both the present writ petitions is common and relates to order dated 18.04.2022 passed by District Collector, Nagaur, whereby while exercising powers under the Rajasthan Tenancy (Government) Rules, 1955 (“Rules of 1955”), land measuring 0.32 hectares out of Khasra No. 744 (total measuring 1.45 hectares) of Village Daulatpura, Tehsil Didwana (“land in question”) has been reclassified as Sawai Chak- Government land and concurrently, invoking powers under Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Land for Public Utility) Rules, 1963 (“Rules of 1963”), the same was allotted free of cost for constructing a Public Health Centre (“PHC”).

2. Counsel representing State of Rajasthan and Gram Panchayat, Daulatpura states that issues involved in the writ petitions are interlinked as pendency of S.B. Civil Writ Petition No. 7771/2022 has given rise to passing of order dated 14.11.2025 by Executive Engineer, Medical and Health Department, Division II, Jaipur, which is challanged in S.B. Civil Writ Petition No. 22909/2025. It is stated that by virtue of order dated 03.12.2025 passed by Coordinate Bench of this Court, files of both the writ petitions are connected and since outcome of S.B. Civil Writ Petition No. 7771/2022 would have direct impact upon the adjudication of subsequent writ petition No.22909/2025, therefore, prayed for analogous hearing.

3. This Court finds that by order dated 18.04.2022, land in question is allotted for purpose of construction of Primary Health Center upon the land in Daulatpura Block and vide interim order dated 30.05.2022, directions were given to the parties to maintain status quo regarding land in question. In view of prevailing interim order, respondent authorities have directed to shift the project of establishment of Primary Health Center (“PHC”) to another Block, which is subject matter of the subsequent writ petition. Since the issue relates to establishment of a public utility service, this Court deems it appropriate to first adjudicate S.B. Civil Writ Petition No.

7771/2022.

S.B. Civil Writ Petition No. 7771/2022

1. Explaining facts of the case, counsel for the petitioner stated that the land in question has wrongly been allotted for the purpose of construction of PHC, as said land has been used as cremation ground for several years. Counsel for the petitioner relied upon certain photographs showing the land being enclosed by boundary wall and that some benches have also been installed thereupon. It is further stated that o