##PAGE1##

[2026:RJ-JD:15545]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 7448/2026

Chandra Ram S/o Sukharam, Aged About 45 Years, R/o Gram Panchayat Siragasar Panchayat Sammiti Nohar District

Hanumangarh Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj,

Government Of Rajasthan, Jaipur.

2. The District Collector, Hanumangarh Raj.

3. The Development Officer, Panchayat Samiti Nohar District Hanumangarh.

4. The Gram Panchayat Siragasar, Tehsil Nohar, District Hanumangarh Through Sarpanch.

----Respondents

For Petitioner(s) : Mr. Chaturbhuj For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/04/2026

1. By way of filing the present writ petition, the present has

prayed for the following reliefs:-

“It is, therefore, most humbly and respectfully prayed that the record of the case may kindly be called for and the writ petition may kindly be allowed and by appropriate writ.,

order or directions:-

a. Issue an appropriate writ, order or direction, more particularly in the nature of Certiorari, thereby quashing and setting aside the encroachment notice dated 28.03.2026 (Annex.-2) issued by Respondent (Sarpanch. Gram Panchayat Siragasar), as being illegal, arbitrary and without

jurisdiction:

b. Issue an appropriate writ, order or direction in the nature of Mandamus, restraining the Respondents from interfering with the peaceful possession and enjoyment of the

(Uploaded on 06/04/2026 at 05:23:16 PM)

(Downloaded on 06/04/2026 at 08:45:26 PM)

[2026:RJ-JD:15545] (2 of 3) [CW-7448/2026]

Petitioner over the disputed property covered by the validly issued patta:

c. Direct the Respondents not to take any coercive action, including demolition or dispossession, against the Petitioner in respect of the said property without following due process of law and without cancellation of the patta in accordance

with law;

d. Declare that the action of the Respondents in treating the Petitioner as an encroacher despite the subsistence of a valid patta is illegal and violative of Articles 14 and 300A of

the Constitution of India;

e. Pass any other or further order(s) which this Hon'ble Court may deem fit and proper in the facts and

circumstances of the case in the interest of justice.”

2. Learned counsel for the petitioner submitted that the Administrator/Sarpanch of Gram Panchayat Sirangsar, Tehsil Nohar, District Hanumangarh, vide notice dated 28.03.2026, has called upon the petitioner to remove the alleged encroachment. Learned counsel further submitted that the petitioner, immediately upon receipt of the said notice, submitted a representation dated 28.03.2026 before the office of the Administrator/Sarpanch, Gram Panchayat Sirangsar, Tehsil Nohar, District Hanumangarh, inter alia stating that the notice has been issued in utter disregard of the provisions of the Rajasthan Panchayati Raj Act, 1996; that he has not made any encroachment; and that, considering his long- standing possession over the land in dispute, electricity and water connections have already been provided to him by the concerned

departments.

3. Learned counsel further submitted that while the representation dated 28.03.2026 submitted by the petitioner has not yet been decided, the respondent - Administrator/Sarpanch of Gram Panchayat Sirangsar, Tehsil Nohar, District Hanumangarh is

insisting upon dispossessing the petitioner from the subject land.

(Uploaded on 06/04/2026 at 05:23:16 PM)

(Downloaded on 06/04/2026 at 08:45:26 PM)

[2026:RJ-JD:15545] (3 of 3) [CW-7448/2026] 4. This Court, having regard to the aforesaid facts and circumstances of the case, deems it just and proper to dispose of the present writ petition with a direction to respondent No. 4 - Administrator/Sarpanch of Gram Panchayat Sirangsar, Tehsil Nohar, District Hanumangarh to first decide the representation dated 28.03.2026 submitted by the petitioner in response to the notice dated 28.03.2026, by consid