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[2026:RJ-JD:23337-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 3007/2026

Tarachand S/o Malchand, aged about 54 Years, R/o Melusar,

Tehsil Ratangarh, District Churu (Raj.)

----Petitioner

Versus

1. State Of Rajasthan, through the Secretary, Revenue

Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. District Collector, Churu

3. Sub Divisional Officer, Churu

----Respondents

For Petitioner(s) : Mr. D.L.R. Vyas

For Respondent(s) : Ms. Aditi Sharma for

Mr. N.S. Rajpurohit, AAG

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE DR. JUSTICE NUPUR BHATI

Order

15/05/2026

1. The instant writ petition, instituted in the nature of a Public

Interest Litigation, has been preferred by the petitioner under Rule

385-A of the Rajasthan High Court Rules, 1952 and under Article

226 of the Constitution of India, seeking the following reliefs:-

"It is, therefore, humbly prayed that this Hon'ble Court may

kindly be pleased to allow this public interest litigation and by

an appropriate writ, order or direction;

i) by an appropriate writ, order or direction the respondents,

encroachment made over the land in question bearing Khasra

No. 46/415 ad measuring 1.6187 hectare in village Melusar,

Tehsil Ratangarh, District Churu de hors the clear provisions

of law and the aforesaid principles of law drawn by the

Hon'ble Apex Court may kindly be declared illegal, arbitrary,

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unjustified and unconstitutional being violative of Articles 14

and 21 of the Constitution of India.

ii) By an appropriate writ, order, or direction, the impugned

inaction on the part of the respondents in not removing the

alleged encroachment so made over the land in Khasra No.

46/415 ad measuring 1.6187 hectare in village Melusar, Tehsil

Ratangarh, District Churu deserves to be declared illegal,

unjust and contrary to the provisions of law and is violative of

Article 14 and 21 of the Constitution of India.

iii) By an appropriate writ, order or direction, the respondent

State of Rajasthan and the District Collector, Jalore may be

directed to remove the alleged encroachments made over the

land/dispossess the encroachers from Khasra No. 46/415 ad

measuring 1.6187 hectare in village Melusar, Tehsil

Ratangarh, District Churu and by dispossessing them restore

the original position of the said land.

iv) By an appropriate writ, order or direction, the respondents

may kindly be restrained from issuing any pattas with regard

to the land falling in Khasra No. 46/415 ad measuring 1.6187

hectare in village Melusar, Tehsil Ratangarh, District Churu."

2. A Division Bench of this Court in Jagdish Prashad Meena &

Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL)

No.10819/2018, vide order dated 30.01.2019, has directed creation of

Public Land Protection Cell (PLPC) for rural areas in every district;

the relevant portion of the order reads as follows :-

"This Court is inundated with large number of writ petitions,

styled as public interest litigation, from almost all the

Districts of the State, with allegations of encroachment over

the pasture land/ land of ‘johad’, ‘talab’/ river/river

bed/public way/ Shamshan/Kabristan etc. In all such

petitions, common allegation is that despite repeated

complaints/representations to the concerned revenue

officers, no steps are taken by them to remove the

encroachment. This results in number of writ petitions being

filed by the complainants/representationists before this

Court. This Court has been passing orders in such matters

requiring the respective District Collectors to examine the

factual content of the allegations and take steps to remove

the encroachments so as to secure such land.

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In order therefore to provide a pan-Rajasthan solution to

this ever persisting problem, we deem it appropriate to

direct