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2026 Supreme(Online)(Raj) 12525

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


[2026:RJ-JD:19316]


S.B. Civil Writ Petition No. 2956/2026


Hardev S/o Madho Ji, Aged About 68 Years, Village Ahiron Ka Kheda, Tehsil Asind, District Bhilwara

----Petitioner

Versus

1. State Of Rajasthan, Through The District Collector, Bhilwara

2. Nayab Tehsildar, Asind, Bhilwara

3. Tehsildar Asind, Bhilwara

4. Sdo/assistant Collector, Bhilwara

----Respondents


For Petitioner(s) : Mr. Pradhuman Singh

For Respondent(s) : Mr. Sanjay Raj Paliwal


HON'BLE MR. JUSTICE SANJEET PUROHIT


23/04/2026

Order

1. Present writ petition has been filed challenging notice dated 16.09.2025 issued by respondent No.2 under Section 91 of the Rajasthan Land Revenue Act.

2. By way of filing reply to present writ petition, learned counsel for the respondents submitted that as a matter of fact, proceedings initiated pursuant to impugned notice dated 16.09.2025 have already been completed and final order has also been passed on 19.09.2025 (Annexure-R.1).

3. Learned counsel for the respondent stated that neither said order has been challenged in the present writ petition nor the present writ petition itself is maintainable in view of the alternative statutory remedy of appeal available to the petitioner.

4. Heard learned counsel for the parties and perused the material available on record.

5. This Court finds that it is a settled position of law that a writ petition is not maintainable against an order passed under Section 91 of LR Act, in view of the alternative efficacious remedy available.

6. Reliance may appropriately be placed upon orders dated 18.03.2016 and 20.04.2016 passed by Coordinate Benches of this Court in S.B. Civil Writ Petition No. 2074/2016 (Mahesh Vs. District Collector, Rajsamand & Ors.) and in S.B. Civil Writ Petition No. 1123/2016 (Kamal Kishore Khetawat Vs. State of Rajasthan & Ors.), respectively, wherein it has been held that writ petition against an order passed under section 91 of the Land Revenue Act is not maintainable when the alternative remedy of appeal under Section 75 of said Act.

7. Similarly, in S.B. Civil Writ Petition No. 4351/2015 titled Smt. Meera Devi v. District Collector, Ajmer & Ors., and in S.B. Civil Writ Petition No. 18769/2025 titled Smt. Kamod Devi & Anr. v. State of Rajsthan & Ors., Co-ordinate Benches of this Court have refused to entertain writ petitions filed challenging notices issued under section 91 of the Land Revenue Act, holding that the aggrieved party has an efficacious remedy to file a reply and raise all available objections before the concerned authority; therefore, invoking the writ jurisdiction of this Court at such a stage is not appropriate.

8. In view of the same, this Court holds that present writ petition is not maintainable. However, it shall be open for the petitioner to challenge the order passed by respondent authority in the proceedings initiated by way of impugned notice dated 16.09.2025.

9. With these observations, the present writ petition is dismissed.

10. Stay petition and all other pending applications, if any, also stand dismissed.

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