[2023/RJJD/003814]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Misc. Second (Writ) Stay Application No. 11420/2022

Gopa Ram S/o Kachara Ram, Aged About 55 Years, B/c Meghwal,

R/o Shivpura, Gudisar, Tehsil And District Barmer.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department Of

Revenue, Government Of Rajasthan, Jaipur.

2.

The District Collector, Barmer.

3.

The Sub Divisional Officer, Barmer.

4.

The Tehsildar, Barmer.

5.

The Revenue Inspector, Jalipa, Tehsil Barmer.

6.

The Patwari, Bhadrech, Tehsil Barmer.

----Respondents

Connected With

S.B. Civil Writ Petition No. 6932/2019

Gopa Ram S/o Kachara Ram, Aged About 55 Years, B/c Meghwal,

R/o Shivpura, Gudisar, Tehsil And District Barmer.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department Of

Revenue, Government Of Rajasthan, Jaipur.

2.

The District Collector, Barmer.

3.

The Sub Divisional Officer, Barmer.

4.

The Tehsildar, Barmer.

5.

The Revenue Inspector, Jalipa, Tehsil Barmer.

6.

The Patwari, Bhadrech, Tehsil Barmer.

----Respondents

For Petitioner(s)

:

Mr. Dinesh Kumar Ojha

For Respondent(s)

:

Mr. Loon Karan Purohit, G.C.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

03/02/2023

1.

The present Writ Petition has been preferred claiming for the

following prayers:-

“It is, therefore, humbly prayed that by an

appropriate writ, order or direction, the instant writ

petition may kindly be allowed and the respondents

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may be directed to remove the encroachment made

over the public way situated on Khasra No.120 of

village Dhanoda going to Shivpura (Gudisar) and

further they may be directed to make the way hassle

and obstacles free for the petitioner and other

residents in future also.”

2.

Brief facts of the case is that the writ petition has been filed

by the petitioner, who is resident of Village Shivpura (Gudisar) and

residents of the said village used the way situated on Khasra

No.120 Village Dhanoda, as the main way for commuting to Tehsil

& District Headquarter Barmer, Panchayat Samiti Bhadrech and

Post Office Bishala and that the way situated at Khasra No.120 is

the connecting way of approaching the village and other places

connected with it.

3.

Learned counsel appearing for the petitioner submits that the

Village Shivpura (Gudisar) is situated in the hilly areas and,

therefore, there was no other way available to go to village

Shivpura from village Dhanoda. Khasra No.120 of the Revenue

Village Dhanoda is recorded as Gair Mumkin Rasta in jamabandi in

the revenue record, which has been placed as Annex.1 in the writ

petition.

4.

Learned counsel for the petitioner further submits that the

public way situated in Khasra no.120 passes through a

Government Primary School, Dhanoda, Aganwadi, Dhanoda to

Shivpura (Gudisar) and a gravel road is also constructed in the

main path for the residents, however, on 25.12.2017, when the

petitioner was passing through this way, the petitioner was

restrained from using the public way by some people stating that

the property belongs to their forefathers. The petitioner alongwith

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the other residents submitted a representation to the Sub

Divisional Officer, Barmer on 26.12.2017 and various other

representations (Annex.3) were time and again submitted before

the District Collector, Barmer in order to look into the matter and

take necessary action.

5.

Learned counsel for the petitioner also submits that on

account of the inaction on the part of the respondents a complaint

was filed in Rajasthan Sampark Portal on account of which, a site

inspection was done by the concerned authorities and site

inspection report dated 20.02.2018 was prepared, in which, it was

categorically stated that upon inspection there was no

encroachment found on the public way and also that there were