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2026 DAILYLAW 13808 (RAJ)

KRISHNA KUMAR S/O SHRI ROHITASH YADAV v. STATE OF RAJASTHAN

CW/14559/2026 · 2026-08-03

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:30009] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14559/2026 CNR: RJHC020711522026 | URN: CW / 31274U / 2026 Krishna Kumar S/o Shri Rohitash Yadav, Aged About 41 Years, Resident Of Shahpura Road, Neem Ka Thana, District Sikar (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Secretariat, Jaipur - 302005. 2. District Collector, Sikar. 3. Tehsildar, Neem Ka Thana, District Sikar. 4. Public Works Department, Through Executive Engineer, Pwd, Sikar. 5. Municipal Board, Neem Ka Thana, District Sikar Through Its Executive Officer. ----Respondents For Petitioner(s) : Mr. Aman Khandelwal For Respondent(s) : Mr. V.D. Gathala, AGC with Ms. Vijay Laxmi HON'BLE MR. JUSTICE ANAND SHARMA Order 03/08/2026 1. This writ petition has been filed by the petitioner assailing notice dated 08.06.2026 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:30009] (2 of 3) [CW-14559/2026] the notice, yet the petitioner has got reasonable apprehension that without following the process, he may be ejected by the Tehsildar, Neem ka Thana. 3. Learned counsel for the petitioner submits that although the respondents have verbally informed the petitioner that after adjudicating the notice under Section 91 of the Act of 1956, order has been passed, yet the same has not been communicated to the petitioner, and without any communicating order, the respondents are adamant to demolish the construction raised by the petitioner over a plot, which was earlier allotted to the petitioner by the Municipal Board-Neem Ka Thana and for which a duly registered sale deed has been executed. 4. Heard learned counsel for the petitioner and perused the record. 5. It is not under dispute that complete procedure of hearing and appeal 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. 6. In view of above and in the light of fact that the petitioner is having alternative remedy of appeal before the Appellate Authority as shown in under Section 91 of the Act of 1956, this Court deems it just and proper to dispose of this writ petition with directions to the Tehsildar Neem Ka Thana, District Sikar to furnish copy of order of passed in respect of notice dated 08.06.2026 to the petitioner within a period of seven days from the date of receipt certified copy of this order, and in case, any such order is received by the petitioner, no adverse action shall be taken for a further period of fifteen days against the petitioner so [2026:RJ-JP:30009] (3 of 3) [CW-14559/2026] as to provide him sufficient opportunity to challenge the order passed by the competent authority before appropriate forum of law. 7. Writ petition is disposed of, accordingly. 8. Pending application(s), if any, shall stand disposed of. (ANAND SHARMA),J 236/DIVYA