HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 932/2014 Devi Sahai Sharma S/o Late Shri Choti Lal Sharma, Rawan Gate, Subhash Circle, Chomu, District Jaiopur Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan Through The Secretary, Urban Development And Housing Department, Urban Development And Housing Department, Government Secretariat, Jaipur Rajasthan. 2. The Secretary, Department Of Revenue, Government Secretariat, Jaipur.rajasthan. 3. The District Collector, Jaipur Rajasthan. 4. The Sub Divisional Officer, Chomu, District Jaipur Rajasthan.. ----Respondents For Petitioner(s) : Mr. Mahesh Gupta Ms. Priyanshi Katta For Respondent(s) : Ms. Gunjan Chawla Mr. Harshit Prasahar for Mr. Neeraj Batra-G.C. JUSTICE ANOOP KUMAR DHAND Order 20/05/2025 1. By way of filing this writ petition, a prayer has been made for issuing direction to the respondents to remove the encroachment from the land shown as Gair Mumkin Nala in the revenue record. 2. Counsel for the petitioner submits that the land in the nature of Gair Mumkin Nala cannot be allotted to anyone and no person can be allowed to encroach upon the same. Counsel submits that several representations were submitted before the State Authorities for taking action against the encroacher but no heed (2 of 3) [CW-932/2014] was paid, hence under these circumstances, the petitioner has approached this Court by way of filing this writ petition. 3. Per contra, counsel for the respondents opposed the prayer and submitted that the land bearing Khasra No. 3830/2, area 0.04 hectare (Gair Mumkin Nala) is recorded in the name of Mahadev and Radhakrishna both sons of Shri Pannalal. Counsel submits that the Hon’ble Apex Court in the case of State of Rajasthan Vs. Ultratech Cement has relaxed the interpretation of the word “Gair Mumkin Nala’ and has allowed flexibility in the use of land previously categorized as “Gair Mumkin Nala”. 4. This Court is not going into the correctness of the interpretation as given by the respondents in the light of the judgment passed in the case of Ultratech Cement (Supra). 5. The only question which remains for consideration of this Court is that whether the land in dispute i.e. Gair Mumkin Nala can be alloted to the allottees or not. 6. It is a pure question of fact which is required to be adjudicated by the authorities, after providing the due opportunity of hearing to all the respective parties including the petitioner and the allottees. 7. Considering the arguments raised by counsel for the parties, the present writ petition stands disposed of granting liberty to the petitioner to file fresh a representation. In case, any representation is submitted by the petitioner within a period of one month from today, it is expected from the respondents to decide the same after providing due opportunity of hearing to the petitioner as well as to the allottees and all the concerned and (3 of 3) [CW-932/2014] pass a reasoned speaking order strictly in accordance with law within a period of six months thereafter. 8. For a period of period of seven months, the interim order dated 27.01.2014 passed by this Court shall remain in currency. (ANOOP KUMAR DHAND),J Ashu/112