[2025:RJ-JP:19281-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ (PIL) Petition No. 2698/2025 Hari Singh Son Of Shri Saval, Aged About 67 Years, Resident Of Purani Basti, Chanana, Jhunjhunu, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur. 2. Principal Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur. 3. District Collector And District Magistrate, Jhunjhunu. 4. Tehsildar, Chirawa, District Jhunjhunu. 5. Vinod Kumar Son Of Ratiram, Resident Of Village Chanana, Tehsil Chirawa, District Jhunjhunu. 6. Ankur Son Of Vinod Kumar, Resident Of Village Chanana, Tehsil Chirawa, District Jhunjhunu. ----Respondents For Petitioner(s) : Ms. Aradhana Swami Advocate. For Respondents No.1, 2 & 4 For Respondent No.5 & 6 : : Mr. G.S. Gill, Additional Advocate General with Ms. Shikha Sharma Advocate. Ms. Vaishnavi Advocate on behalf of Mr. Ashvin Garg Advocate. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 07/05/2025 1. As per office note, service of notice on respondent No.3 is still awaited. 2. Mr. G.S. Gill, Additional Advocate General would be appearing for respondents No. 1 to 4. 3. Accordingly, service of notice on all the respondents is treated as complete. 4. Reply of respondent Nos. 5 and 6 has been filed. [2025:RJ-JP:19281-DB] (2 of 2) [CW-2698/2025] 5. Taking into consideration the nature of dispute raised in this petition, we are inclined to finally dispose off the matter without awaiting reply of the other respondents. 6. The PIL has been filed by the petitioner making an allegation that the private respondent Nos. 5 and 6 have encroached upon and raising construction on part of a public road. 7. In the reply on affidavit filed by respondent Nos. 5 and 6, such allegations have been empathically denied. 8. It is brought to the notice of the Court that the petitioner had submitted a complaint followed by legal notice to Tehsildar, Chirawa, District Jhunjhunu. 9. In our view, the disputed facts raised in this petition are to be decided by Tehsildar, Chirawa, District Jhunjhunu in exercise of powers conferred under Section 91 of the Rajasthan Land Revenue Act, 1956. As the matter involves a disputed questions of fact, this petition need not be kept pending. 10. Let the Tehsildar, Chirawa, District Jhunjhunu take appropriate decision in the matter based on the material available with it in the matter of enquiry on the allegations of encroachment. 11. Considering that the complaint was made in the month of January 2025, the Tehsildar, Chirawa, District Jhunjhunu shall do well to conclude the proceedings within an outer limit of three months. It is made clear that the person against whom allegation has been levelled, is entitled to an appropriate opportunity of hearing. 12. Accordingly, the petition is disposed off. (MUKESH RAJPUROHIT),J (MANINDRA MOHAN SHRIVASTAVA),CJ SANJAY KUMAWAT-Diksha/48