ROHITASH RAMSINGH SON OF HAJARILAL YADAV v. STATE OF RAJASTHAN
CW/8187/2025 · 2025-07-11
Anil Kumar Upman
Transfer Petitionbody2025
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[ 2025 DAILYLAW 20144 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 20144 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:25619] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8187/2025 Rohitash Ramsingh Son Of Hajarilal Yadav, Resident Of Village Kankra Bardod, Tehsil Behror, District Kotputli-Behror (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Panchayati Raj Department, Secretariat, Jaipur.
2. District Collector, Alwar.
3. Tehsildar, Tehsil Behror, District Kotputli-Behror (Raj.)
4. Panchayat Samiti Behror, District Kotputli-Behror Through Block Development Officer, Panchayat Samiti, Behror, District Kotputli-Behror ----Respondents For Petitioner(s) : Mr. Lokesh Sharma with Ms. Anzum Parveen HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 11/07/2025
Learned counsel for the petitioner submits that petitioner has not encroached over the land in question rather he is in possession of the said land as patta was issued in his name by the Gram Panchayat Kankardoya, Panchayat Samiti Behror, District Alwar on 04.11.1986. It is submitted that on account of civil dispute pending between the petitioner and some other villagers, a Public Interest Litigation was submitted by one of the villagers alleging therein that petitioner has encroached upon the land of government and got an order of inquiry under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short, “the Act of 1956). It is submitted that under the garb of inquiry initiated under Section
[2025:RJ-JP:25619] (2 of 2) [CW-8187/2025] 91 of the Act of 1956, rights of the petitioner cannot be curtailed and his residential house constructed on allotted land cannot be demolished. Learned counsel contends that reply to the notice issued under Section 91 of the Act of 1956 has already been given by the petitioner. Considering the aforesaid submissions made by learned counsel for the petitioner, I deem it just and proper to direct the concerned authorities to pass a reasoned order after considering the reply submitted by the petitioner to the notice under Section 91 of the Act of 1956 and by providing an opportunity of hearing to the petitioner within a period of eight weeks from today.
With the aforesaid directions, this writ petition stands
disposed of. Till disposal of the proceedings, parties are directed to maintain status quo with regard to the land in question. It is made clear that if proceedings under Section 91 of the Act of 1956 are concluded before passing of this order, then this
order shall be of no effect.
(ANIL KUMAR UPMAN),J CHARU SONI /35