PARMESHWAR LAL SAINI S/O SHRI SURJARAM SAINI v. THE STATE OF RAJASTHAN
CW/12689/2026 · 2026-07-20
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11206 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11206 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:27858] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12689/2026 URN: CW / 27805U / 2026 Parmeshwar Lal Saini S/o Shri Surjaram Saini, Aged About 73 Years, R/o Maliyon Ka Mohalla Rampura, Tehsil Khandela, District Sikar (Raj.) 332709. ----Petitioner Versus
1. The State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.
2. The Principle Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)
3. The District Collector, Sikar (Raj.)
4. The Sub Divisional Officer Khandela, District Sikar (Raj.)
5. Tehsildar Tehsil Khandela, District Sikar (Raj.)
6. Sarpanch Gram Panchayat Rampura, Tehsil Khandela, District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Vishram Prajapati HON'BLE MR. JUSTICE ANAND SHARMA
Order 20/07/2026
1. Defect(s) pointed out by the Registry are waived.
2. Heard learned counsel for the petitioner.
3. The instant writ petition has been filed by the petitioner challenging notice dated 24.06.2026 issued by Tehsildar, Khandela, District-Sikar under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short, 'the Act of 1956'), whereby petitioner has been treated as suspected trespasser over land bearing Khasra No.1096 measuring 4.05 hectare of Village- Rampura, Tehsil-Khandela, District-Sikar.
4.
Learned counsel for the petitioner submits that the petitioner apprehends that without deciding the notice under
[2026:RJ-JP:27858] (2 of 2) [CW-12689/2026] Section 91 of the Act of 1956, the respondents may arbitrarily evict the petitioner from the aforesaid land, whereas petitioner is not a trespasser over the said land. On a specific query, learned counsel for the petitioner has informed the Court that the short reply to the notice under Section 91 of the Act of 1956 has been filed by the petitioner seeking extension of time to file detailed reply.
5. In view of above, this Court finds that at this stage, writ petition filed by the petitioner is totally pre-mature and is not maintainable.
6. However, it is directed that, in case, petitioner has filed any reply to the notice dated 24.06.2026, the same shall be duly considered by the Competent Authority and notice under Section 91 of the Act of 1956 shall be decided strictly in accordance with law after taking into consideration the defence, if any, put forward by the petitioner. It is directed that till adjudication of the notice under Section 91 of the Act of 1956, no coercive action shall be taken by the respondents against the petitioner. It is further
directed that, in case, notice under Section 91 of the Act of 1956 is decided against the petitioner, in that eventuality, the respondents shall not take any coercive action against the petitioner for a further period of 7 days from the date of decision of the notice under Section 91 of the Act of 1956.
7. The present writ petition stands disposed of with the aforesaid observations and directions.
8. Pending application(s), if any, stand(s) disposed of.
(ANAND SHARMA),J 237/DAKSH