NEELAM CHOUDHARY D/O JAI SINGH v. STATE OF RAJASTHAN
CW/15028/2025 · 2025-10-16
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37124 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37124 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:42505] (1 of 2) [CW-15028/2025] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15028/2025
1. Neelam Choudhary D/o Jai Singh, Aged About 35 Years, R/o Village Durjanpura, Teh. - Jhunjhunu, Dist. - Jhunjhunu, (Raj.).
2. Pratibha Choudhary D/o Jai Singh, Aged About 34 Years, R/o Village Durjanpura, Teh. - Jhunjhunu, Dist. - Jhunjhunu, (Raj.).
3. Hitendra Choudhary S/o Jai Sing, Aged About 39 Years, R/o Village Durjanpura, Teh. - Jhunjhunu, Dist. - Jhunjhunu, (Raj.).
4. Naresh Kumar S/o Chunni Lal, Aged About 60 Years, R/o Village Durjanpura, Teh. - Jhunjhunu, Dist. - Jhunjhunu, (Raj.). ----Petitioners Versus State Of Rajasthan, Through Tehsildar Jhunjhunu, Dist. - Jhunjhunu (Raj.). ----Respondent For Petitioner(s) : Mr. Amit Jindal HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 16/10/2025
1.
Learned counsel for the petitioners submits that the Land of Khasra Nos.63, 67 and 85 recorded in the name of the petitioners, has been used for agricultural purpose where crops are standing and no public way is situated upon the same, however, the respondent - Sub Divisional Officer, Jhunjhunu while exercising the powers under Sections 131 and 132 of the Rajasthan Land Revenue Act, 1956, vide order dated 18.07.2025, has directed to record public way out of the said Khatedari Land.
[2025:RJ-JP:42505] (2 of 2) [CW-15028/2025]
2. Challenging the order dated 18.07.2025, an appeal has been preferred before learned Additional Divisional Commissioner, Jaipur.
3. Learned Additional Divisional Commissioner, Jaipur while passing the order dated 13.08.2025, has admitted the appeal while observing that the appeal involves substantial question of law, however, refused to grant any interim order in favour of the petitioners.
4.
Learned counsel for the petitioners submits that in case, the respondents are permitted to change the revenue record and to construct the public way out of Khatedari Land of the petitioners, the very purpose for filing statutory appeal would get frustrated and grave prejudice will be caused to the petitioners.
5. The prayer so made on behalf of the petitioners deserves acceptance.
6. In view of the aforesaid discussions, this petition stands
disposed of with the direction to the Appellate Authority i.e. Additional Divisional Commissioner, Jaipur to decide the Appeal No.1581/2025 on merits after providing opportunity of hearing to the appellants within a period of four months from today.
7. In the meantime, status quo regarding land in question as well as record shall be maintained till final adjudication of the appeal.
8. Stay application and other pending applications also stand
disposed of.
(SANJEET PUROHIT),J AARZOO ARORA /59-S.