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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 5257/2026 Hariram Meena S/o Shri Rajaram Meena, Aged About 46 Years, Resident Of Ward No. 18, Nainwa, Tehsil Nainwa, District Bundi (Rajasthan). ----Petitioner

Versus

1. State Of Rajasthan, Through Principal Secretary, Forest Department, Government Of Rajasthan, Jaipur.

2. The District Collector, District Bundi, Rajasthan.

3. Assistant Conservator Of Forests, Bundi, District Bundi.

4. Forest Range Officer, Nainwa Range, District Bundi.

5. Sub Divisional Officer, Nainwa, District Bundi.

----Respondents

For Petitioner(s) : Mr. Rajesh Maharshi Mr. Yogesh Khandelwal

For Respondent(s) : Mr. V.D. Gathala, AGC

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

27/03/2026

1. The present writ petition has been filed challenging the notice dated 01.01.2026 issued to the petitioner by the Assistant Conservator of Forest, Bundi, vide which the petitioner has been held to be an encroacher and has been directed to remove the encroachment from the land in question being Khasra No. 6249/5351 situated at Village Nainwa First, Forest Block Dei

Nainwa-A of Range Nainwa, Tehsil Nainwa, District Bundi.

2. Mr. Rajesh Maharshi, learned counsel for the petitioner, submits that the proceedings for diversion of the said land from forest land are under process, as is evident from the clarification dated 21.04.2022 issued by the Department of Urban Development & Housing and the Department of Local Self

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Government, the communication dated 01.04.2024 issued by the District Collector, Bundi and also the communication dated 19.02.2026 issued by the Sub-Divisional Officer, Nainwa, District Bundi. He further submits that despite this, and the admitted existence of residential constructions on the land, the impugned notice dated 01.01.2026 has been issued, which is wholly

unwarranted.

3. Learned counsel for the petitioner further submits that once the Department itself is cognizant of the fact that residential houses have been constructed on the land in question and the proceedings for diversion of the said land from forest land are pending, there was no occasion to issue the impugned notice

dated 01.01.2026.

4. Taking note of the above, issue notice to the respondents No.1 to 5, returnable within two weeks, both by ordinary process

as well as registered post.

5. Notices be given dasti as well to the learned counsel for the

petitioner.

6. Mr. V.D. Gathala, learned AGC, puts in appearance on behalf

of respondents No.2 and 5.

7. Hence, service qua respondents No.2 and 5 stands complete.

Notice be filed only for respondents No.1, 3 and 4.

8. Learned counsel for the petitioner is directed to serve a copy of the writ petition in the Office of Mr. V.D. Gathala, learned AGC,

within two days from today i.e. 27.03.2026.

9. List the matter on 15.04.2026 in the category ‘For Fresh Admission’ after showing name of Mr. V.D. Gathala, learned AGC in

the cause list.

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10. Till the next date, the effect and operation of the notice

dated 01.01.2026 shall remain stayed.

(ANUROOP SINGHI),J Dipesh Chayal/28

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