JAGDISH PRASAD S/O LATE SHRI MALARAM v. STATE OF RAJASTHAN
CW/20388/2025 · 2026-01-13
Bipin Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20933 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20933 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:1333] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20388/2025
1. Jagdish Prasad S/o Late Shri Malaram, Resident Of Sikar- Jhunjhunu Bypass Road, Radhakishanpura, Sikar Tehsil And District Sikar (Raj.)
2. Bajranglal S/o Late Shri Malaram, Resident Of Sikar- Jhunjhunu Bypass Road, Radhakishanpura, Sikar Tehsil And District Sikar (Raj.)
3. Rajendra Kumar Late Shri Malaram, Resident Of Sikar- Jhunjhunu Bypass Road, Radhakishanpura, Sikar Tehsil And District Sikar (Raj.)
4. Parli W/o Late Shri Malaram, Resident Of Sikar-Jhunjhunu Bypass Road, Radhakishanpura, Sikar Tehsil And District Sikar (Raj.) ----Petitioners Versus
1. State Of Rajasthan, Through District Collector, Sikar (Raj.)
2. Tehsildar, Tehsil And District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Tanmay Dhand For Respondent(s) : Mr. Amit Jindal Mr. Lokesh Sharma on behalf of Mr. V.D. Gathala HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 13/01/2026
1. The present writ petition has been filed assailing the orders dated 13.11.2025 and 03.12.2025, whereby the temporary injunction application of the petitioners has been rejected.
2.
Learned counsel for the petitioners contends that the way which has been created is from the private khatedari land of the
[2026:RJ-JP:1333] (2 of 2) [CW-20388/2025] petitioners bearing Khasra No. 1833/861, and therefore, when the notice was given by Tehsildar, Sikar, he filed a civil suit along with the temporary injunction application.
3. In the said civil suit, the temporary injunction applications have been rejected by both the Courts below.
4. Though he admits the fact that there are dotted lines in the revenue records. However, these dotted lines reflects only a temporary way and not a permanent way as per Rule 17 of the Rajasthan Land Revenue (Survey Record and Settlement) (Government) Rules, 1957.
5. He further submits that in his private khatedari land, a temporary way cannot be converted as a permanent way and for that a procedure is required to be adopted by the Authorities and thus, to that effect he confines his prayer.
6.
Learned counsel for the respondent submits that already the way has been opened and the encroachment has been removed. However, they also do not dispute the fact that till date the way has not been recorded in revenue records after the inquiry, as required to be made by the Sub-Divisional Officer.
7. Considering the same, the present civil miscellaneous appeal is disposed of in terms that before entering the land of petitioners as a way, detailed inquiry ought to be conducted by the SDO, Sikar and if the inquiry goes against the petitioners, then the petitioners would be entitled to take recourse to legal proceedings.
8. Pending application(s), if any, also stand disposed of.
(BIPIN GUPTA),J PARSHANT /14