BAJRANG LAL S/O SHRI GIRDHARI LAL v. STATE OF RAJASTHAN
CW/1398/2026 · 2026-01-31
Maneesh Sharma
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 16260 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16260 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:4603] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1398/2026 Bajrang Lal S/o Shri Girdhari Lal, Aged About 43 Years, R/o 53, Mohalla, Brahmanon Ka, Ward No. 09, Kotri Dhayian, Sikar, Rajasthan-332401. ----Petitioner Versus
1. State of Rajasthan through Principal Secretary, Panchayati Raj. Department Secretariat, Jaipur.
2. State of Rajasthan through Principal Secretary, Public Works Department, Jaipur, Rajasthan.
3. Rajasthan State Road Development And Construction Corporation Ltd. (Rsrdc), Additional General Manger (Admn.), Setu Bhawan, Jhalana Doongri, Jaipur.
4. The Project Director, Rajasthan State Road Development And Construction Corporation Ltd. (Rsrdc) Jhalana Doongri, Jaipur - 302004.
5. The Project Officer, (Rsrdc), Unit- Sikar Rajasthan State Road Development And Construction Corporation Ltd. (Rsrdc) Jhalana Doongri, Jaipur - 302004.
6. The District Collector, Sikar
7. The Chief Engineer And Additional Secretary, Public Works Department, Rajasthan, Jaipur.
8. The Executive Engineer, Public Works Department, Division First, Sikar.
9. The Executive Engineer, Rajasthan State Road Development Unit Sikar.
10. The Chief Executive Officer, Zila Parishad, Sikar,
11. The Sub Division Officer, Ringus, District Sikar,
12. The Tehsildar Ringus, District Sikar, Rajasthan.
13. The Administrator, Gram Panchayat, Kotri Dhaylan, Panchayat Samiti Khandela, District Sikar, Rajasthan.
14. The Gram Panchayat Kotri Dhylan, Through Secretary, Panchayat Samiti Khandela, District Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Rajesh Kumar Kuri For Respondent(s) : Mr. Kapil Prakash Mathur, AAG Mr. Ashutosh Udawat, AAAG, Mr. Saurabh Sharma, AAAG, Mr. Tarun Dhankar HON'BLE MR. JUSTICE MANEESH SHARMA
Order
[2026:RJ-JP:4603] (2 of 4) [CW-1398/2026] 31/01/2026
1. In view of the prayer sought for in the present writ petition, the defect pointed out by the registry is overruled.
2. Mr. Kapil Prakash Mathur, learned Additional Advocate General, appears and accepts notice on behalf of the respondents.
3. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, with the following prayers:
"It is, therefore, most humbly prayed that your Lordships may graciously be pleased to admit/allow this writ petition and by an appropriate writ, order or direction be further pleased to issue an appropriate order or direction in the nature of:-
1. The Hon'ble Court be pleased to quashed and set aside the impugned letter dated 19.12.2025 issued by Project Officer (Annexure-4), Letter dated 02.01.2026 issued by Projector Director RSRDC (Annexure-5), Letter dated 05.01.2026 issued by Block Development Officer (Annexure-6), Letter dated 05.01.2026 issued by Gram Panchayat Kotri Dhyalan (Annexure - 7), The reminder latter dated and 15.01.2026, issued by the Administrative Officer, Gram Panchayat, Kotri Dhaylan, Panchayat Samiti Khandela, District Sikar, Rajasthan.
2. The respondents may be further directed not to construct any type of alteration/improvement amendment on the already well constructed road over the land of the petitioner in the garb of the development.
3. Any other appropriate order(s) or direction(s) which the Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the humble appellant including award of cost of this appeal."
4.
Learned counsel for the petitioner, after arguing the matter at some length and upon instructions from his client, submits that the petitioner would be satisfied if: a direction may kindly be issued to respondent No.13-The Administrator, Gram Panchayat, Kotri Dhaylan, Panchayat Samiti Khandela, District Sikar, Rajasthan, to decide the representation of the petitioner dated 16.01.2026 (Annexure-9) in a time-bound manner; and till the said representation is decided upon, the respondents may kindly be restrained from demolishing the houses of the petitioner.
[2026:RJ-JP:4603] (3 of 4) [CW-1398/2026]
5. Mr. Kapil Prakash Mathur, learned Additional Advocate General, submits that the representation of the petitioner will be decided within a period of 10 days from today and, till the intervening period, the authorities shall not demolish the houses of the petitioner.
6. Heard and considered the submissions made at bar.
7. In view of the consensus arrived at between the parties, the present writ petition is disposed of with the directions that the respondent No.13-The Administrator, Gram Panchayat, Kotri Dhaylan, Panchayat Samiti Khandela, District Sikar, Rajasthan, shall decide the said representation dated 16.01.2026 within a period of 10 days from today by a speaking order, strictly in accordance with law; and till the representation is decided and for a further period of 5 days thereafter (i.e. 5 days from the decision of the said representation), the respondents are restrained from taking any coercive action against the petitioner qua demolition of the houses of the petitioner.
8. It is made clear that the aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of the petitioner's grievance. The same shall not be construed as an order to decide the representation in any particular manner.
9. Furthermore, it is needless to say that after adjudication of the representation, if any cause of action still survives, the petitioner would be at liberty to avail further remedies available under the law.
[2026:RJ-JP:4603] (4 of 4) [CW-1398/2026]
10. The stay application and other pending application(s), if any, also stand disposed of, accordingly.
(MANEESH SHARMA),J DEEPA-28