Disposed¶52

Bhanwar Singh S/O Shri Dana Ram v. the State of Rajasthan

Rajasthan HC1 Nov 2025CW/16106/2025

Case brief

AI extract

What is this about?

CW-16106/2025; [2025:RJ-JP:43837]; Bhanwar Singh v. State of Rajasthan; Khasra No.1200, Village Khatkar, Tehsil Guda Gorji, District Jhunjhunu; notice under Section 91, Rajasthan Land Revenue Act, 1956; threatened dispossession/demolition without hearing; electricity connection; direction to appear before Tehsildar; Tehsildar to decide within one month; interim status quo; Justice Ashutosh Kumar; order dated 01/11/2025; petition disposed.

What did the court decide?

Petitioners directed to appear before respondent No.4-Tehsildar, Tehsil Guda Gorji; Tehsildar directed to decide the Section 91 notice within one month; status quo as on date to be maintained qua the petitioners until the Tehsildar passes orders; stay application and other pending applications disposed of. ¶52

Bhanwar Singh S/O Shri Dana Ram Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶52

Issue for consideration

Whether the respondents may dispossess the petitioners from their dwelling houses on the disputed land without affording an opportunity of hearing, while proceedings on the Tehsildar's notice under Section 91 of the Rajasthan Land Revenue Act, 1956 are pending. +1 more

¶44

Court's answer

The petition is disposed of with a direction that the petitioners shall mark their presence before respondent No.4-Tehsildar, Tehsil Guda Gorji, District Jhunjhunu, who issued the notice under Section 91 of the Rajasthan Land Revenue Act, 1956.

¶50

Ratio / Principle

The Tehsildar is directed to decide the notice issued to the petitioners within one month from the passing of the order.

¶50

Key takeaways

Until orders are passed by the concerned Tehsildar, status quo as on date is to be maintained qua the petitioners.ratio¶51

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), by order dated 01/11/2025 in S.B. Civil Writ Petition No. 16106/2025 (Bhanwar Singh and 15 others v. State of Rajasthan), disposed of a writ petition by residents of Village Khatkar, Tehsil Guda Gorji, District Jhunjhunu, who sought allotment/regularization of possession over Khasra No.1200 and restraint against dispossession from their dwelling houses. Noting that the Tehsildar, Guda Gorji had already issued notices under Section 91 of the Rajasthan Land Revenue Act, 1956 with proceedings pending, the Court directed the petitioners to appear before the Tehsildar, directed the Tehsildar to decide the notice within one month, and ordered that status quo as on date be maintained qua the petitioners until such orders. Stay application and other pending applications were also disposed of.

¶1

[2025:RJ-JP:43837]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 16106/2025

¶4

Bhanwar Singh S/o Shri Dana Ram, Aged About 48 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶5

Paresh Patel S/o Shri Balu Ram, Aged About 44 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶6

Gulab S/o Shri Balu Ram, Aged About 40 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶7

Vijay S/o Shri Balu Ram, Aged About 38 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶8

Nimbu S/o Shri Dana Ram, Aged About 45 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶9

Hari Singh S/o Shri Dana Ram, Aged About 44 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶10

Jagdish S/o Shri Dana Ram, Aged About 40 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶11

Karni Singh S/o Shri Dana Ram, Aged About 38 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶12

Rohitash S/o Shri Phoola Ram, Aged About 45 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶13

Birdi S/o Shri Nana Ram, Aged About 39 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶14

Bagdawat S/o Shri Munshi, Aged About 50 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶15

Indira W/o Shri Pratap, Aged About 43 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶16

Hanuman S/o Shri Munshi, Aged About 49 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶17

Ratan Lal S/o Shri Birda Ram, Aged About 45 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District

(2 of 4)

[2025:RJ-JP:43837]

[CW-16106/2025]

Jhunjhunu (Raj.)

Madan S/o Harchand, Aged About 30 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶23

Sultan S/o Shri Munshi, Aged About 50 Years, R/o Village Khatkar, Tehsil Guda Gorji, Jhunjhunu, District Jhunjhunu (Raj.)

¶24

----Petitioners

¶25

Versus

¶26

The State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Secretariat, Jaipur (Rajasthan).

¶27

The District Collector Jhunjhunu, District Jhunjhunu (Rajasthan).

¶28

The Sub-Divisional Officer Guda Gorji, District Jhunjhunu (Rajasthan).

¶29

The Tehsildar, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan).

¶30

The Patwari, Patwar Halka Ked, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan).

¶31

----Respondents

¶32

For Petitioner(s)	: Mr. Sunil Kumar Singodiya, Adv.
	through VC with Mr. Rohit Saini,Adv.
For Respondent(s)	: Mr. V.D. Gathala, AGC with
	Ms. Poonam Rao,Adv.

¶33

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

¶34

Order

¶35

01/11/2025

¶36

The present petition has been filed by the petitioners with

¶37

the following prayers:-

¶38

"(i) by an appropriate writ, order, or direction, the respondents be directed to make further action for making allotment or regularizing the old possession of the Petitioner as well as his family member upon the land of Khasra No.1200 located at Village Khatkar, Tehsil Gudha Gorji, District Jhunjhunu and further the respondents be directed to allot land for

(3 of 4)

[2025:RJ-JP:43837]

[CW-16106/2025]

residential purpose in favour of the petitioners or their family members and the respondents be also directed not to dispossess the petitioners or their family members from their residential house; (ii) Any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioners. (iii) Cost of writ petition may also be awarded in favour of the petitioners."

¶43

Mr. V.D. Gathala, learned AGC puts in appearance and accepts notice on behalf of the respondents.

¶44

Learned counsel for the petitioners submits that a copy of the petition has already been supplied in the office of learned AGC. 4. Learned counsel for the petitioners submits that without providing any opportunity of hearing to the petitioners, the respondents are going to dispossess the petitioners from their residences. Learned counsel further submits that the petitioners are residing in dwelling houses built on the land in dispute since long and they have also taken electricity connection in their houses, but the respondents are going to demolish their houses.

¶45

Learned counsel for the petitioners further submits that the respondent No.4-Tehsildar, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan) has issued a notice to the petitioners under Section 91 of the Rajasthan Land Revenue Act, 1956 and the proceedings under the same are still pending, therefore, the petition be disposed of at this stage directing the petitioners to appear before the Tehsildar for the submissions.

¶46

Learned counsel for the respondents argues that the action is being carried out in accordance with law.

(4 of 4)

[2025:RJ-JP:43837]

[CW-16106/2025]

Considering the overall facts and circumstances of the case, this Court deems it fit to dispose of the present petition with the direction that petitioners shall mark their presence before the respo No.4-Tehsildar, Tehsil Guda Gorji, District Jhunjhunu (Rajasthan), who has issued a notice under Section 91 of the Rajasthan Land Revenue Act, 1956. The Tehsildar is directed to decide the notice issued to the petitioners within one month from the passing of this order.

¶51

Till passing of the orders by the concerned Tehsildar, status quo, as on date, be maintained qua the petitioners.

¶52

In that view of the matter, the present petition stands disposed of with the aforesaid directions. Stay application and all other pending applications also stand disposed of.

¶53

(ASHUTOSH KUMAR),J

¶54

Mohita /28

Bhanwar Singh S/O Shri Dana Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh S/O Shri Dana Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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