[2025:RJ-JP:16195] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5544/2025 Prabhudayal Sharma S/o Late Nanchu Ram Sharma, Aged About 81 Years, R/o Mohalla Papri, Sothana, Tehsil Viratnagar, District Jaipur, Rajasthan, 303102. ----Petitioner Versus 1. State of Rajasthan, through the Secretary, Department of Local Bodies, Government of Rajasthan. 2. Public Land Protection Cell, Kotputli-Behror, through its Chairman, District Collector, Kotputli-Behror 3. Additional District Collector, Kotputli-Behror 4. Tehsildar Viratnagar (Jaipur), Now District Kotputli-Bheror ----Respondents For Petitioner(s) : Mr.Anshuman Saxena For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 16/04/2025 1. Aggrieved by the order dated 10.03.2025 passed by the Tehsildar, Viratnagar, District Kotputli-Behror, the instant writ petition has been preferred by the petitioner. 2. Learned counsel for the petitioner submits that before passing the aforesaid order opportunity of hearing was not afforded to the petitioner in the utter violation of principles of natural justice and the reply submitted by the petitioner to the Tehsildar has also not been considered and straightaway, the order impugned has been passed, hence, under these circumstances, interference of this Court is warranted. [2025:RJ-JP:16195] (2 of 2) [CW-5544/2025] 3. Bare perusal of the pleadings available on record indicates that the Tehsildar vide its notice dated 06.11.2024 called upon the petitioner to submit the documents/ defence against the encroachment on the way in question, situated at the land bearing Khasra No.539. 4. It appears that a detailed reply to the aforesaid notice was submitted by the petitioner, which has been placed on the record marked as Annx.9. 5. Perusal of the impugned order dated 10.03.2025 indicates that there is no discussion about the reply submitted by the petitioner in the aforesaid order and straightaway the order has been passed. The order impugned is a non-speaking one, hence, under these circumstances, the matter is remitted to the Tehsildar to pass fresh order, after taking into account the reply submitted by the petitioner, within a period of one month from today. 6. It is made clear that in case, the Tehsildar comes to the conclusion that there is an encroachment over the land in question, he would be at liberty to proceed strictly in accordance with law. 7. Till one month, the parties are directed to maintain status quo. 8. Accordingly, the instant writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/35