[2025:RJ-JP:34056] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.12855/2025 Dhanna Lal Jat S/o Sh. Parata Ram Jat, Aged About 52 Years, R/o Ward-9, Dhani Dadarwalo Ki, Mahar Khurd, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj, Government Secretariat, Jaipur. 2. District Collector, Jaipur. 3. Sarpanch, Gram Panchayat Mahar Khurd, Tehsil And District Jaipur, Rajasthan. 4. Prahlad S/o Kaluram Jat, Resident Of Village Kalchaya Gram Panchayat Mahar Khurd, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Navdeep Singh JUSTICE ANOOP KUMAR DHAND Order 27/08/2025 1. Aggrieved by the impugned notice dated 25.07.2025 issued by the Gram Panchayat, Mahar Khurd, the instant writ petition has been preferred by which the petitioner has been called upon to remove his encroachment from the subject land. 2. In the considered opinion of this Court, the aforesaid notice passed by the Gram Panchayat, Mahar Khurd is appealable under Section 61 of the Rajasthan Panchayati Raj Act, 1994 (for short “the Act of 1994”), but without availing the alternative statutory remedy of filing an appeal before the appellate authority, the [2025:RJ-JP:34056] (2 of 2) [CW-12855/2025] petitioner has approached this Court straightaway bye-passing the jurisdiction of the said authority. 3. On this count alone, the writ petition stands disposed of granting liberty to the petitioner to file appeal under Section 61 of the Act of 1994 before the concerned Gram Panchayat. 4. In case, any such appeal is preferred by the petitioner within a period of 15 days from today, it is expected from the appellate authority to decide the said appeal, expeditiously as early as possible, preferably within a period of three months thereafter after affording due opportunity of hearing to all the respective parties. 5. In case, the stay application is filed by the petitioner along- with the memo of appeal, the same would also be decided by the appellate authority within a period of seven days. 6. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/58