HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANUROOP SINGHI
RADHESHYAM YADAV S/O UMRAO PRASAD YADAV – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 5397 / 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5397/2026 Radheshyam Yadav S/o Umrao Prasad Yadav, Aged About 62 Years, R/o Village And Post Shuklabas, Tehsil Kotputli, District Kotputli- Behror, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Chief Secretary, Secretariat, Government Of Rajasthan, Jaipur.
2. District Collector, District Kotputli- Behror, Rajasthan.
3. Sub- Divisional Magistrate, Kotputli, District Kotputli-
Behror, Rajasthan.
4. Tehsildar, Kotputli, District Kotputli- Behror, Rajasthan.
----Respondents For Petitioner(s) : Mr. Abhimanyu Singh Yaduvanshi with Mr. Jai Khedia For Respondent(s) :
HON'BLE MR. JUSTICE ANUROOP SINGHI
Order
01/04/2026 The present writ petition has been filed by the petitioner seeking removal of encroachment over Khasra No.896 situated at Village Shuklawas, Tehsil Kotputli, District Kotputli-Behror, recorded in the name of Mandir Shri Thakurji Virajman, more so in light of the order dated 17.03.2025 (Annexure-3) passed by the Tehsildar, Kotputli, Jaipur, in proceedings initiated under Section
91 of the Rajasthan Land Revenue Act, 1956.
Mr. Abhimanyu Singh Yaduvanshi, learned counsel for the petitioner submits that a bare perusal of the order dated 17.03.2025 (Annexure-3) reveals that a specific finding has been recorded by the Tehsildar, Kotputli, with respect to the encroachment being made over Khasra No.896 and consequently, directions were issued for removal of the encroachment.
Learned counsel further submits that thereafter, several representations have been made, however, the encroachment has neither been challenged nor removed till date and continues to exist on the land in question. Thus, learned counsel prays that appropriate directions be issued to the respondents to take all necessary measures to remove the said encroachment and to ensure compliance with the order dated 17.03.2025.
Learned counsel for the petitioner also submits that no challenge has been made to the order dated 17.03.2025 and the same is still in force and operative as on date. Therefore, there is no justification for the respondents to not comply with the said order.
Learned counsel for the petitioner has placed reliance on the order dated 28.08.2018 passed at the Principal Seat, Jodhpur in S.B. Civil Writ Petition No.5393/2018, titled as Rajmata Ji Sthan Deh Vs. State of Rajasthan & Ors.
Having perused the order dated 17.03.2025 and the submissions made by the learned counsel for the petitioner and without prejudice to any contrary order that may have been passed by a higher authority in respect of Khasra No.896, the Tehsildar, Kotputli, District Kotputli-Behror, is directed to take all necessary measures to ensure due implementation and compliance of the order dated 17.03.2025 (Annexure-3), in letter and spirit, within a period of two months from the date of receipt of a certified copy of this order. Respondent No.2 is also directed to ensure that compliance of the directions issued by this Court is duly effected within the stipulated time frame.
With the aforesaid directions, the writ petition as well as the stay application stand disposed of.
(ANUROOP SINGHI),J VINAY /1
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