HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI,
SANDEEP SHAH
MUKAND SINGH BHATI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 13268 / 2025
##PAGE1##
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 13268/2025
1. Mukand Singh Bhati S/o Abhay Singhji, Aged About 31
Years, Resident Of Village Baiya, Tehsil Fatehgarh, District
Jaisalmer (Raj.).
2. Jujhar Singh S/o Bhim Singh, Aged About 42 Years,
Resident Of Village Baiya, Tehsil Fatehgarh, District
Jaisalmer (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary Revenue
Department, Secretariat Jaipur.
2. Deputy Secretary, Revenue (Group-3) Revenue
Department State Of Rajasthan, Secretariat Jaipur.
3. District Collector, Jaisalmer (Raj.).
4. Sub-Divisional Officer, Fatehgarh, District Jaisalmer (Raj)
5. Tehsildar Fatehgarh, Tehsil Fatehgarh, District Jaisalmer
(Raj).
6. M/s Adani Solar Energy Barmer One Private Limited
(Asebipl), Through Its Authorized Officer, Adani Corporate
House, Shantigram, Near Vaishnodevi Circle, Sg Highway,
Khodiyar, Ahmedabad (Guj).
7. M/s Adani Solar Energy Barmer One Private Limited
(Asebipl), Through Its Authorized Officer, Registered
Office C-105, Anand Niketan, New Delhi-110021.
8. Rajasthan Renewable Energy Corporation Ltd., E-166,
Yudhisthir Marg, C Scheme, Jaipur Through Its Managing
Director.
9. Project Director, Rajasthan Renewable Energy Corporation
Ltd. Jaisalmer (Raj).
10. Deputy Conservator Of Forest, Forest Department
Jodhpur Division, Jodhpur (Raj).
11. Deputy Conservator Of Forest Wildlife, Forest Department
Jaisalmer (Raj).
----Respondents
For Petitioner(s) : Mr. Param Veer Singh Champawat
For Respondent(s) : Dr. Sachin Acharya, Sr. Adv. (through
VC) assisted by Mr. Jitendra Mohan
Choudhary
Mr. N.S. Rajpurohit, AAG assisted by
Ms. Aditi Sharma
Ms. Kanchan Jodha
Mr. Harshvardhan Singh for
Mr. Mahaveer Bishnoi, AAG
Mr. Karan Parihar
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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
23/04/2026
1. The land record produced by the petitioners indicates that
Khasra No.386, at the relevant point of time, was recorded as
Oran Land. The photographs annexed with the petition also depict
a considerable green cover over the said land.
2. Learned counsel for the petitioners submits that a part of the
land in question is, in fact, Rohidalaray Mandir Oran Land, where
trees of Khejri, Jal, Baire, Rohida, Dhaman and Sevan, etc., are
existing. Learned counsel further submits that even after change
in the land record, it was the duty of the State to point out as to
where the Oran Land presently exists, repeatedly indicated in the
old records, as according to him, the same forms part of the
Rohidalaray Mandir Oran Land. Learned counsel draws support
from the Jamabandi of Samvat Year 2030–34, which is on record,
and the Khasra Girdawari, annexed as Annexure-3 to the petition.
Learned counsel further submits that the Oran Land also contains
Maa Dedhsar Pond, which is also reflected in the photographs of
Village Baiya.
3. Learned counsel further submits that in accordance with the
judgment rendered in T.N. Godavarman Thirumulpad v. Union
Of India & Ors., 2024 INSC 997, decided on 26.09.2005, the
directions issued in paragraph nos.53 to 57 are binding upon the
State. The said paragraphs read as follows:-
“53. Pursuant to the orders of this Court, the State of
Rajasthan has initiated the process of identifying and notifying
sacred groves as forests through district-wise notifications.
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While this development is commendable, it is important to
highlight the significant delay in commencing this critical
process. Sacred groves of Rajasthan, which hold immense
ecological value and are deeply revered in local cultures,
urgently require formal recognition and protection to
safeguard their preservation. The applicant in the present case
has given a list identifying 100 sacred groves in the State of
Rajasthan. The list provided by the applicant is extracted
below:-
S. Name S. Name
No. No
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