[2026:RJ-JP:13169]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 214/2022 Pawan Kumar Agarwal S/o Shri Ghoodmal Agarwal, Aged About 34 Years, R/o Village Machri, Machadi, District Karauli, Rajasthan-321611.

----Appellant Versus

1. State Of Rajasthan, Through District Collector, District Karauli, Rajasthan.

2. Tehsildar, Tehsil Todabhim, Tehsil Karauli, Rajasthan.

3. Deputy Conservator Of Forest (Dcf), Office At Gadka Ki Chowki, Karauli, Rajasthan -322255.

4. Forester, Tehsil Todabhim, District Karauli, Rajasthan.

5. Mohan Singh @ Bhagwan Singh S/o Shri Bhanwar Singh, R/o Gaharoli, Tehsil Todabhim, District Karauli, Rajasthan.

----Respondents For Appellant(s) : Mr. Manoj Kumar Avasthi For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

28/03/2026

1. Defect(s) as pointed out by the Registry are overruled.

2. Heard on application (S.B. Civil Miscellaneous Application No.507/2022) filed under Section 5 of the Limitation Act, 1963, for condonation of delay in filing the present second appeal.

3. For the reasons mentioned in the application, the same is allowed. The delay in filing the present appeal is condoned.

4. The matter was heard on the merits.

5. The present second appeal has been filed by the appellant assailing the judgment and decree dated 24.02.2021 passed by the learned Additional District Judge No.1, Hindaun City, District Karauli in Regular Civil Appeal No.8/2020, whereby the appeal filed by the defendants/respondents was dismissed and the impugned judgment and decree dated 17.02.2020 passed by the learned Civil Judge, Todabhim, District Karauli, in Civil Suit No.26/2011 (CIS No.32/2014) was affirmed, whereby the suit filed by the plaintiff/respondent for declaration and permanent injunction, was partly allowed, and a decree of injunction was passed in favour of the plaintiff/respondent.

6. Learned counsel for the appellant submits that the impugned judgment was passed on 24.02.2021, against which a second appeal ought to have been preferred by the defendant-authorities. However, since no legal recourse was taken against the said judgment, the present appellant, served a legal notice dated 13.06.2022 to the defendant-authorities, since the plaintiff allegedly started misusing the disputed land. Thereafter, as no action was taken pursuant to the said notice and the defendants- authorities failed to discharge their duties as mandated under the guidelines issued by the Hon'ble Apex Court in T.N. Godavarman Thirumulkpad Vs. UOI & Ors.¹, the present appellant was compelled to step in and file the present appeal. He lastly contends that the present appeal is being filed to protect the rights of the villagers and citizens of the area, in furtherance of the fundamental duties enshrined under Article 51A(g) of the Constitution of India, therefore, the appellant has the requisite locus to file the present second appeal.

1 (1997) 2 SCC 267

7. Heard and considered the submissions advanced by learned counsel for the appellant and perused the material available on record.

8. From a bare perusal of the record, it is evident that the appellant was not party to the original Suit No.26/2011 and the said suit was decreed vide order dated 17.02.2020.

9. Being aggrieved by the said judgment and decree, the defendant/respondents namely Collector, Karauli; Tehsildar, Todabhim, Deputy Conservator of Forest (DCF), Karauli, preferred a regular first appeal and the said appeal was dismissed by the learned Appellate Court vide judgment and decree dated

24.02.2021.

10. Being aggrieved by which the original defendants have preferred S.B. Civil Second Appeal Nos.175/2021, 177/2021, 178/2021, 180/2021 & 181/2021. In the said appeals, after hearing arguments of the parties and while considering the judgment passed by the Hon'ble Apex Court in T.N. Godavarman Thirumulkpad (Supra), a Co-ordinate Bench of this Court has already admitted the appeals, framed substantial questions of law, and stayed the effect of the impugned orde