[2025:RJ-JP:28759] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No.283/2017 In S.B. Civil Writ Petition No.8413/2016 Sambhudayal Sharma s/o Shri Ganesh Narayan Sharma, R/o Gram Biharipura, Chandrana, Tehsil Dausa Rajasthan. ----Petitioners Versus 1. Secretary, Department of Revenue, Government of Rajasthan, Secretariat, Janpath, C-Scheme, Jaipur. 2. District Collector, Dausa. 3. Block Development Officer, Panchyat Samiti, Dausa, District Dausa. 4. 5. Tehsildar, Dausa. Secretary, Gram Panchyat, Chandarana, Tehsil And District Dausa, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vimal Choudhary Mr. Yogesh Tailor Mr. Mukesh Sharma JUSTICE ANOOP KUMAR DHAND Order 29/07/2025 1. The instant misc. application has been preferred seeking modification of the order dated 08.12.2016 passed by this Court while deciding S.B. Civil Writ Petition No.8413/2016 submitted by the petitioner. The aforesaid writ petition was disposed of by this Court vide order dated 08.12.2016 by passing the following order:- [2025:RJ-JP:28759] (2 of 3) [WMAP-283/2017] “This writ petition has been filed by the petitioner with the prayer that respondents be directed to remove the encroachments on the pasture land as well as river basin in the village Biharipura with immediate effect. Grievance of the petitioner is that there are even as per the enquiry conducted by the Tehsildar, Dausa number of encroachments in the pasture land of Village Biharipura. Notice u/s.91 of the Land Revenue Act, 1956 has also been issued to such persons, but the encroachments have so far not been removed, despite persistent representation of the petitioner to the authorities including the Tehsildar. Petitioner then served legal notice of demand of justice, but even then no action has been taken. Having regard to facts aforesaid instead of directly entertaining the writ petition, petitioner is required to approach the District Collector, Dausa who may take appropriate steps in accordance with law for protection of pasture land from trespass and removal of the encroachments. With that direction, petition is disposed off.” 2. Learned counsel for the petitioner submits that while deciding the aforesaid writ petition, a liberty was granted to the petitioner to approach the District Collector, Dausa for protection of pasture land from tresspass and removal of the encroachments. Learned counsel submits that the encroachment is lying on the road side also, so the word “road side” be included in the order dated 08.12.2016. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. This Court has perused the perused the prayer made by the petitioner in S.B. Civil Writ Petition No.8413/2016, which reads as under:- “The humble petitioner most respectfully prays that this Hon’ble Court may kindly be pleased to allow this writ petition and grant the following reliefs:- (I) A writ of mandamus be issued directing the respondent authorities to remove the encroachment done [2025:RJ-JP:28759] (3 of 3) [WMAP-283/2017] on the pasture land as well as the river basin in the village Biharipura with immediate effect. (II) To take appropriate actions against the encroachers and penalize them for their illegal acts. Any other relief which the Hon’ble Court may deem fit and proper may kindly be passed in favour of the petitioner.” 5. Perusal of the aforesaid prayer indicates that no such prayer was made for removal of encroachment from the road side. The prayer was clear and specific and the same was confined to removal of encroachment from pasture land as well as river basin in the village Biharipura. 6. Hence, under these circumstances, no new fact can be incorporated in the order dated 08.12.2016. In case, the petitioner feels aggrieved that any encroachment is lying on the road side also, he would be at liberty to file appropriate writ petition. 7. Accordingly, the civil misc. application stands disposed of. (ANOOP KUMAR DHAND),J Karan/104