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2026 DAILYLAW 13339 (RAJ)

VAGISH BHARDWAJ S/O HOTILAL BHARDWAJ v. STATE OF RAJASTHAN

CW/14392/2026 · 2026-08-03

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:29947] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14392/2026 CNR: RJHC020741682026 | URN: CW / 31033U / 2026 Vagish Bhardwaj S/o Hotilal Bhardwaj, Aged About 60 Years, Resident of Chhawani, Neem Ka Thana Teh. Neem Ka Thana, District Sikar. ----Petitioner Versus 1. State of Rajasthan, through it’s Principle Secretary Secretariat, Jaipur (Raj.) 2. Collector, District Sikar Rajasthan. 3. Sub-Divisional Officer, Neem Ka Thana, District Sikar (Raj.) 4. Tehsildar, Neem Ka Thana, District Sikar (Raj.) 5. Executive Engineer, Public Works Department, Neem Ka Thana District Sikar(Raj.) 6. Nagar Palika, Through It's Commissioner Neem Ka Thana District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Pankaj Kumar with Ms. Shalu Kansal For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 03/08/2026 1. This writ petition has been filed by the petitioner assailing notice dated 29.06.2026 issued by the Tehsildar, Neem Ka Thana, District Sikar under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short the ‘Act of 1956’) narrating the petitioner as encroacher over the land shown in the notice. 2. Learned counsel for the petitioner submits that although, petitioner has submitted detailed and justified reply to [2026:RJ-JP:29947] (2 of 2) [CW-14392/2026] the notice, yet the petitioner has got reasonable apprehension that without adjudicating the notice under Section 91 of the Act of 1956, he may be ejected by the Tehsildar, Neem ka Thana. 3. Heard learned counsel for the petitioner and perused the record. 4. It is not under dispute that as on today, the notice under Section 91 of the Act of 1956 has not been adjudicated by the Competent Authority therefore, the apprehension expressed by the petitioner is totally unfounded as on date. Even otherwise, complete procedure of hearing has been given under Section 91 of the Act of 1956 and therefore, the writ petition filed by the petitioner at this stage is premature and is not maintainable. 5. However, without entering into merits of the case and without expressing any opinion over the rights of the petitioner, this Court deems it just and proper to dispose of this writ petition with directions to the Tehsildar Neem Ka Thana, District Sikar to grant due opportunity of hearing to the petitioner before adjudicating notice dated 29.06.2026 under Section 91 of the Act of 1956 and to pass a reasoned and speaking order within a period of 45 days from today. After adjudicating the notice, it is also directed to communicate the order to the petitioner and not to take any action in furtherance thereof for a period of 15 days thereafter. In case, the petitioner is aggrieved, he would be at liberty to avail the remedies available to him under the law. 6. Writ petition is disposed of, accordingly. 7. Pending application(s), if any, shall stand disposed of. (ANAND SHARMA),J 11/NEERU