PAWAN KUMAR SAINI S/O SHRI MANGAL CHAND SAINI v. THE STATE OF RAJASTHAN
CW/14676/2026 · 2026-08-06
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13099 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13099 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:30726] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14676/2026 CNR: RJHC020748822026 | URN: CW / 31430U / 2026 Pawan Kumar Saini S/o Shri Mangal Chand Saini, Aged About 66 Years, R/o Ward No.10, Joda Basti 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 For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 06/08/2026
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.
2.
Learned counsel for the petitioner submits that although, reply to the notice has been filed, yet in quite arbitrary
[2026:RJ-JP:30726] (2 of 3) [CW-14676/2026] 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. Be that as it may, this Court finds that in the proceedings pursuant to notice dated 24.06.2026 is pending and as per the petitioner, no adjudication thereof has taken placed till this date, hence, this Court finds that the writ petition filed by the petitioner is totally premature and cannot be entertained on merits. Accordingly, the writ petition filed by the petitioner is dismissed.
7. It is, however, made clear that mere dismissal of this writ petition would not curtail rights of the petitioner to defend the notice dated 24.06.2026 in accordance with law and the Tehsildar, Khandela after taking into consideration reply to the notice, if any,
[2026:RJ-JP:30726] (3 of 3) [CW-14676/2026] and documents enclosed with reply, shall pass a speaking order strictly in accordance with law after granting due opportunity of hearing to the petitioner.
8. Pending application(s), if any, stand(s) dismissed.
(ANAND SHARMA),J 3/DIVYA