A writ petition is not maintainable against a show cause notice issued under Section 91 of the Rajasthan Land Revenue Act, as the party has an efficacious alternative remedy to file a reply and raise objections before the issuing authority.

Order

1. Present wit petition has been filed against notice dated 02.06.2025 issued under Section 91 of the Rajasthan Land Revenue Act (“LR Act”) by Tehsildar Nimbijodha, Ladnun, whereby petitioner has been alleged to be an encroacher upon the land in question and proceedings have been initiated against him.

2. Learned counsel for the petitioner submits that inspite of the fact that petitioner has been in peaceful possession of the land in question, for which a patta has been duly issued in his name and residential house has also been constructed thereon, initiation of such proceedings against petitioner by the respondents is unsustainable in the eyes of law.

3. Learned counsel for respondents seriously objects aforesaid submission and raises preliminary objections regarding maintainability of present writ petition against impugned order passed under Section 91 of the LR Act.

4. This Court finds that it is settled position of law that a writ petition is not maintainable against notice issued under Section 91 of the LR Act. It has been consistently held by this Court that where a notice under Section 91 is challenged, the aggrieved party has an efficacious alternate 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. Reliance may appropriately be placed upon order dated 08.04.2015 passed by Co-ordinate Bench of this Hon’ble High Court in S.B. Civil Writ Petition No. 4351/2015 titled Smt. Meera Devi v. District Collector, Ajmer & Ors., wherein it has been held as under: -

“It is a well settled practice of this Court that no interference in the powers under Article 226 of the Constitution of India is made against a show cause notice unless it is palpably without jurisdiction or is evidently mala fide. None of the two grounds are even agitated in the petition or even argued. Further the petitioner has the remedy, as already availed, to file reply to the show cause notice. Aside of the aforesaid, the question as to whether the petitioner's possession is in respect of the land allotted to him under the Rules of 1986 or over charagah land is a question of fact which cannot be addressed in the writ petition. In the circumstances and for reasons recorded, I am not inclined to interfere in this writ petition with the impugned show cause notice dated 11.02.2015, but would instead direct the Tehsildar, Arai, District Ajmer to fairly consider the reply filed by the petitioner and adjudicate the show cause notice dated 11.02.2015 issued under Section 91 of the Act of 1956 in accordance with law by passing a reasoned and speaking order thereon.”

5. Similarly, in S.B. Civil Writ Petition No. 18769/2025 titled Smt. Kamod Devi & Anr. v. State of Rajsthan & Ors. Co-ordinate Bench of this Court has held as under: -

“2. The petitioners have directly approached this Court, without filing the reply to the said notice. Hence, this Court is not inclined to go into the merits of the case. 3. This Court is of the view that the petitioners are required to approach the concerned respondent, who has issued the impugned notice to the petitioners, by way of filing reply/representation along with the relevant documents in support thereof.

6. In view of the aforesaid settled legal position, this Court is of the opinion that present writ petition, filed against impugned notice dated 02.06.2025 (Annexure - 3), is not maintainable. Petitioner is at liberty to raise all grounds of objection by filing an appropriate reply/representation before the concerned authority.

7. Acc