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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 5545/2026

Rishikesh Meena S/o Late Chiranjilal Meena, Aged About 40 Years, R/o Gram Post Amwara, Dhani Bayda,tehsile Bamanwas

District Sawaimadhpur ----Petitioner

Versus

1. District Collector Sawaimadhopur, Sawai Madhopur

2. Sub-Divisional Officer, Bamanwas, District Sawai Madhopur

3. Block Development Officer, Panchayat Samiti, Bamanwas, District Sawaimadhopur

4. Administrator, Panchayat Samiti Bamanwas, District Sawaimadhopur ----Respondents

For Petitioner(s) : Mr. Mohit Gupta Ms. Anju Meena

For Respondent(s) :

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

27/03/2026

1. The present writ petition has been filed being aggrieved by the order dated 17.03.2026 (Annexure-5) (wrongly dated as 17.03.2025, though the digital signature reflects the date of 17.03.2026), vide which the learned Sub-Divisional Officer, Bamanwas, District Sawai Madhopur, has directed removal of encroachment from Khasra No. 4471/5083, recorded as Gair Mumkin Rasta; Khasra No. 4434, recorded as Gair Mumkin Nala; and Khasra No. 4471, recorded as Gair Mumkin Abadi, all situated

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in Village Amawara (Behda Ki Dhani), Tehsil Bamanwas, District

Sawai Madhopur.

2. Mr. Mohit Gupta, learned counsel for the petitioner, submits that a patta dated 22.01.2013 was issued by the Gram Panchayat Amawara, Panchayat Samiti Bamanwas (Sawai Madhopur), in favour of the mother of the petitioner and the same has not been

challenged till date.

3. Learned counsel for the petitioner further submits that the entire exercise for removal of the alleged encroachment has been initiated on the basis of an application filed by Shri Kailash Chand Meena, Shri Shyam Lal Meena and others. However, the said complaint pertains only to Khasra No. 4471/5083 and thus, without examining the merits of the said complaint, there was no occasion to pass the impugned order dated 17.03.2026 (Annexure-5) qua Khasra No. 4471. Further, once the said land is recorded as Gair Mumkin Abadi, treating the same as a public way, by itself, demonstrates non-application of mind on the part of

the respondents.

4. Taking note of the above, issue notice to the respondents,

returnable within six weeks.

5. Notices be also sent through registered post in addition to

the normal process.

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

petitioner.

7. List the matter on 12.05.2026.

8. Till the next date, the effect and operation of the order dated 17.03.2026 (Annexure-5) (wrongly dated as 17.03.2025) passed by the learned Sub-Divisional Officer, Bamanwas, District Sawai

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Madhopur, in respect of the land in question being Khasra No. 4471, situated in Village Amawara (Behda Ki Dhani), Tehsil

Bamanwas, District Sawai Madhopur, shall remain stayed.

(ANUROOP SINGHI),J

DIPESH CHAYAL /12

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