[2025:RJ-JP:4787] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1922/2025 1. Dhanna Lal Meena S/o Mishri Lal Meena, Aged About 72 Years, R/o Village Satwada, Tehsil Nagarfort, District Tonk (Raj.) 2. Hariram Meena S/o Mishri Lal Meena, Aged About 72 Years, R/o Village Satwada, Tehsil Nagarfort, District Tonk (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Revenue, Government Of Rajasthan, Government Secretariat, Jaipur. 2. District Collector, Tonk (Raj.) 3. Tehsildar, Tehsil Nagar Fort, District Tonk, Rajasthan. ----Respondents For Petitioner(s) : Mr. Akshay Yadav For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/02/2025 1. Petitioners have invoked writ jurisdiction of High Court under Article 226 of the Constitution of India by means of filing instant writ petition to issue directions against the respondents restraining them from dispossessing petitioners from their residential house situated at Khasra No. 1102 at Village Satwara Tehsil Nagarfort, District Tonk and alternatively petitioners have also prayed for seeking direction to regularize the land in question for residential purposes. 2. Counsel for petitioners have pointed out that the instant writ petition has to be filed after issuance of notice under Section 91 of the Rajasthan Land Revenue Act, 1956 dated 02.12.2024 by the concerned Tehsildar of Nagar Fort in respect of land in question which is in possession of petitioners. His contention is that the [2025:RJ-JP:4787] (2 of 3) [CW-1922/2025] land in question is being used for residential purpose whereupon electricity and water connection by the Government authorities have been released as much as patta by the authorized officer of Tehsil has also been issued in favour of predecessors of petitioners. The copy of patta dated 26.09.1974 has been enclosed with the writ petition as Annexure-3. 3. In addition to above, it has also been pointed that few villagers preferred a D.B. Civil Writ Petition No.13907/2024: Ramdhan Meena Vs. State of Rajasthan, alleging the possession of petitioners over the land in question as 'encroachment over the pasture land'. That writ petition was disposed of by the Division Bench vide order dated 02.09.2024, granting liberty to the villagers for filing an application before the Tehsildar concerned, who shall draw appropriate proceedings thereupon. Hence, the submission of counsel for petitioner is that Tehsildar has acted pursuant to the directions issued by the Division Bench vide order dated 02.09.2024 and issued notice under Section 91 of the Land Revenue Act, without holding any inquiry about the true nature of the lands in question. 4. Having considered the contentions made by counsel for petitioners, this Court finds that the petitioners have an alternative remedy to assail the action of Tehsildar as also have remedy to establish his property rights over the land in question before the Civil Court/ Revenue Court. It is open for the petitioner to opt the appropriate remedy. 5. In the scope of Article 226 of the Constitution of India, this Court is not inclined to enter into disputed questions of fact and to [2025:RJ-JP:4787] (3 of 3) [CW-1922/2025] adjudicate the property rights of petitioners over the lands in question, if any. 6. In view of above, counsel for petitioners seeks permission to withdraw this writ petition with liberty to avail the alternative remedy before the appropriate forum of law. 7. Accordingly, the writ petition stands disposed with aforesaid observations. 8. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /9