[2025:RJ-JP:30665] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10570/2025 Ghamman Ram Meena S/o Ghudya Ram Meena, Aged About 72 Years, R/oo Padli, Alwar, Rajasthan, 301409. ----Petitioner Versus 1. Village Panchayat Tahatda, Panchayat Samiti Reni, Alwar, Rajasthan Through Secretary. 2. Village Development Officer, Village Panchayat Tahatda, Reni, Alwar, Rajasthan 3. State Of Rajasthan, Through Sub-Divisional Officer, Reni, Alwar, Rajasthan ----Respondents For Petitioner(s) : Mr. Shivam Kumar Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 08/08/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notice dated 16.06.2025 issued by the Gram Panchayat Tahatda, Panchayat Samiti Reni, Alwar under Rule 165 (3,6) of the Rajasthan Panchayti Raj Rules, 1996 (for short, ‘the Rules of 1996’) treating the petitioner as an encroacher on the subject land. 2. Counsel for the petitioner submits that the subject land is not an agricultural land but the same is abadi land and the Panachayat has issued patta in favour of the petitioner under the provisions of the Rules 1996. Counsel submits that the petitioner is having valid possession of the subject land and he is not an encroacher upon the same, hence the notice issued by the [2025:RJ-JP:30665] (2 of 2) [CW-10570/2025] Panachyat Samiti is not sustainable in the eyes of law and is liable to be quashed and set aside. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. Admittedly, the impugned notice dated 16.06.2025 issued by the concerned Gram Panchayat Tahatda, is appealable under Section 61 of the Rajasthan Panchayati Raj Act, 1994 (for short, ‘the Act of 1994’) and under Rule 166 of the Rules of 1996. 5. In the considered opinion of this Court whenever an alternative statutory remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. 6. On this count alone, the present writ petition stands disposed of by granting liberty to the petitioner to file the statutory appeal under Section 61 of the Act of 1994 and Rule 166 of the Rules of 1996. In case, such appeal is submitted by the petitioner within a period of fifteen days from today, it is expected from the authorities concerned to decide the same expeditiously within a period of three months thereafter. The petitioner would be at liberty to move stay application. In case, the stay application is submitted by the petitioner, the same would also be decided by the Appellate Authority in accordance with law. 7. For a period of fifteen days, no coercive action shall be taken against the petitioner. 8. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/3