[2026:RJ-JP:21691] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7628/2025 1. Ramniwas S/o Shri Mojiram, Aged About 72 Years, R/o Village Kithana, Tehsil Chirawa, District Jhunjhunu. 2. Rohitash S/o Shri Harphool, Aged About 70 Years, R/o Village Kithana, Tehsil Chirawa, District Jhunjhunu. 3. Dayaram S/o Shri Laxmanram, Aged About 60 Years, R/o Village Kithana, Tehsil Chirawa, District Jhunjhunu. 4. Rajendra S/o Shri Jainarayan, Aged About 46 Years, R/o Village Kithana, Tehsil Chirawa, District Jhunjhunu. ----Petitioners Versus 1. State of Rajasthan, Through The Principal Secretary To Government, Department Of Revenue, Govt. Of Rajasthan, Government Secretariat, Jaipur. 2. District Collector, Jhunjhunu. 3. Tehsildar, Chirawa, Jhunjhunu. ----Respondents For Petitioner(s) : Mr. Manoj Ojla, Advocate For Respondent(s) : Mr. V.D. Gathala, A.G.C. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 21/05/2026 : The present writ petition has been filed by the petitioners assailing the impugned notice dt.02.05.2025 & the order dt.10.02.2023 issued/passed by the respondents under Section 91 of the Rajasthan Land Revenue Act, 1956, for removal of encroachment from the gair- mumkin johad land. As the petitioners have directly approached this Court without exhausting the remedies available to them under law, this Court is not inclined to delve into the merits of the matter. [2026:RJ-JP:21691] (2 of 3) [CW-7628/2025] Considering the remedy available to the petitioners, this Court is of the opinion that:- "(i) The petitioners are required to approach the competent authority by filing reply/representation to the notice dated 02.05.2025 along with any other documents, which they wish to file in support of their reply/representation within a period of ten days from today i.e. 22.05.2026. (ii) The respondents shall consider the reply/ representation and take a decision thereon within a period of 30 days from the date of receipt of this order, after granting due opportunity of hearing to the petitioners strictly in accordance with law by passing a speaking and reasoned order. (iii) The decision taken by the respondents shall be duly served upon the petitioners within a period of three days from the date of passing of such order. (iv) The respondents are restrained from taking any coercive action against the petitioners in pursuance to the notice dt.02.05.2025 and any further action in pursuance to the said decision to be taken by the respondents would be initiated only after a period of ten days from the date of receipt of service of the said decision/order upon the petitioners, enabling them to take appropriate legal remedies, if required. (v) The petitioners may file an appeal against the order dt.10.02.2023 passed by the Nayab Tehsildar, Chidawa, whereby they were declared trespassers. The said appeal shall be filed within 30-days from the date of this order. No coercive action shall be taken against the petitioners by the respondents for a period of 15-days from the date of filing of appeal." [2026:RJ-JP:21691] (3 of 3) [CW-7628/2025] Needless to say that the directions issued herein-above are only to decide the reply/representation as submitted by the petitioners strictly in accordance with law and does not contemplate any decision to be taken in a particular manner. With the above said directions, the writ petition stands disposed of. Pending application(s), if any, stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK