[2025:RJ-JP:37183] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19072/2024 1. Harisingh S/o Shri Surjaram Saini, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 2. Jagmal S/o Lichhaman Saini, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 3. Sandeep S/o Leeladhar Saini, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 4. Shishram S/o Nagarmal Saini, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 5. Leeladhar S/o Surjaram Saini, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 6. Hanuman S/o Surjaram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 7. Ghisaram S/o Juglal Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 8. Moharsingh S/o Baluram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 9. Mohanlal S/o Amaruram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 10. Raghuveer S/o Ishwar Ram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 11. Vidhyadhar S/o Kurdaram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 12. Ramjilal S/o Lekhuram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 13. Maduram S/o Lekhuram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 14. Ramuram S/o Lekhuram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 15. Nahar Singh S/o Dularam Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. 16. Pitram S/o Khetaram Mali, R/o Jhilo Ki Dhani, Village Kasimpura, District Jhunjhunu. ----Petitioners Versus [2025:RJ-JP:37183] (2 of 3) [CW-19072/2024] 1. State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur 2. District Collector, Jhunjhunu 3. Sub-Divisional Officer, Jhunjhunu, District Jhunjhunu 4. Tehsildar, Tehsil Jhunjhunu, District Jhunjhunu. ----Respondents For Petitioner(s) : None present For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 12/09/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notices issued by the respondent against the petitioners under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short, ‘the Act of 1956’), by which the petitioners have been called upon to vacate their possession from the subject land. 2. It appears that by issuing the aforesaid notices, the Tehsildar is of the view that the subject land is charagah land, upon which encroachment has been done by the petitioner. 3. On the contrary, it is the case of the petitioner that patta of the subject land has been issued to the petitioners and on the basis thereof, they are in occupation of the subject land. 4. In the considered opinion of this Court, the impugned order passed by the Tehsildar under Section 91 of the Act of 1956 is appealable before the Statutory Appellate Authority [2025:RJ-JP:37183] (3 of 3) [CW-19072/2024] as per the provisions contained under the Act of 1956, but without availing the alternative statutory remedy of filing appeal before the Appellate Authority, the petitioner has straightaway approached this Court by way of filing this writ petition. 5. It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of said Authority. 6. On this Count alone, the instant writ petition stands disposed of granting liberty to the petitioners to file statutory appeal before the Appellate Authority. 7. In case, such appeal is preferred by the petitioners before the Appellate Authority within a period of one week from the date of receipt of certified copy of this order, it is expected from the authority concerned to decide the appeal expeditiously as early as possible, preferably within a period of four weeks thereafter. 8. In case, the stay application is submitted by the petitioners, it is expected from the Appellate Authority to decide the same expeditiously as per law. 9. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J KuD/22