[2026:RJ-JP:31564] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15558/2026 CNR: RJHC020779922026 | URN: CW / 33135U / 2026 1. Fateh Chand S/o Shri Murlidhar, aged about 50 Years, R/o Village Rampura, Tehsil Khandela, District Sikar Rajasthan. 2. Rajendra S/o Shri Murlidhar, Aged About 44 Years, R/o. Village Rampura, Tehsil Khandela, District Sikar Rajasthan. ----Petitioners Versus 1. State of Rajasthan, Through Pr. Secretary to Government, Revenue Department, Government of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Additional Chief Secretary to Government, Public Works Department, Government of Rajasthan, Government Secretariat, Jaipur, Rajasthan 3. District Collector, Sikar, Rajasthan. 4. Tehsildar, Khandela District Sikar ----Respondents For Petitioner(s) : Mr. Anoop Agarwal For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 11/08/2026 1. This writ petition has been filed by the petitioner against notice dated 24.06.2026 issued by the Tehsildar Khandela, District Sikar, whereby petitioner has been called upon to submit any evidence/reply showing his right over the land in question, failing which treating the possession of the petitioner as an encroachment, necessary legal action of ejectment shall be taken. [2026:RJ-JP:31564] (2 of 3) [CW-15558/2026] 2. Learned counsel for the petitioner submits that although, reply to the notice has been filed, yet in quite arbitrary manner, without adjudicating the notice, the respondents are adamant to dispossess the petitioner from the land in question. 3. Heard learned counsel for the petitioner and perused the record. 4. Perusal of notice dated 24.06.2026 would make it clear that earlier also the Tehsildar, Khandela, initiated proceedings under Section 91 of the Rajasthan Land Revenue Act, 1956 and the temporary encroachment made by the petitioner was removed except for the permanent encroachments. The notice also reveals that it was issued by the concerned Authority in compliance of directions given by the Division Bench of this Court in D.B. Civil Writ Petition No.10640/2023 (Nagendra Pareek Vs. State of Rajasthan & Ors.) and Contempt Petition No.207/2024 and D.B. Civil Misc. Application No.109/2025. 5. Alleged reply to the notice has also not been placed on record by the petitioner so as to show his right over the land in question. 6. Learned counsel for the petitioner has submitted that notice has been given to the petitioner in respect of alleged constructed encroachment on Khasra No.1098 whereas, no construction has been raised by the petitioner on the land falling in Khasra No. 1098 and rather, construction of the petitioner is existing at Khasra No.743. 7. Be that as it may, this Court finds that these factual disputes cannot be adjudicated by this Court while exercising writ jurisdiction under Article 226 of the Constitution of India. It goes [2026:RJ-JP:31564] (3 of 3) [CW-15558/2026] without saying that since, notice has been given in respect of Khasra No. 1098, therefore, any action in respect of notice/order dated 24.06.2026 shall be taken by the respondents only in respect of alleged encroachment raised at Khasra No.1098 and not in respect of any other land. 7. In view of above, no interference is called for in the instant writ petition, and the same is hereby dismissed. 8. Pending application(s), if any, stand(s) dismissed. (ANAND SHARMA),J 136/NEERU