Disposed¶30

Suresh Chand Saini S/O Ramsahai v. State of Rajasthan

Rajasthan HC19 Dec 2025CW/19543/2025

Case brief

AI extract

What is this about?

Encroachment removal notice; Section 91 Rajasthan Land Revenue Act, 1956; Tehsildar, Tehsil Raini, District Alwar; notice dated 08.04.2025; writ disposed without entering merits; direction to file reply/representation within one week; reasoned and speaking order within three weeks; interim protection - no coercive action for four weeks; alternative/remedial direction; single judge, Rajasthan High Court Jaipur Bench.

What did the court decide?

Writ petition disposed of: petitioners may file reply/representation with supporting documents before the issuing authority within one week, whereupon the concerned respondent shall pass a reasoned and speaking order expeditiously, preferably within three weeks thereafter, strictly in accordance with law; no coercive action against the petitioners for four weeks. ¶30

Suresh Chand Saini S/O Ramsahai Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Challenge to the notice dated 08.04.2025 issued under Section 91 of the Rajasthan Land Revenue Act, 1956 by the Tehsildar, Tehsil Raini, District Alwar for removal of encroachment on the subject land.

¶25

Court's answer

The Court declined to go into the merits of the challenge because the petitioners directly approached the Court without first filing a reply to the impugned notice.

¶26

Ratio / Principle

The petitioners are required to approach the respondent authority that issued the impugned notice by filing a reply/representation along with the relevant documents in support thereof.

¶27

Key takeaways

If the petitioners submit the reply/representation within one week, the concerned respondent shall consider the matter and pass a reasoned and speaking order expeditiously, preferably within three weeks thereafter, strictly in accordance with law.ratio¶28
As an interim measure, no coercive action is to be taken against the petitioners for a period of four weeks.ratio¶29

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Sandeep Taneja, J.) disposed of a writ petition by nine residents of Village Rajpur Chhota, Tehsil Raini, District Alwar challenging a notice dated 08.04.2025 issued by the Tehsildar under Section 91 of the Rajasthan Land Revenue Act, 1956 for removal of encroachment. Since the petitioners had approached the Court without filing any reply to the notice, the Court declined to examine the merits. It directed that a reply/representation with relevant documents may be submitted within one week, upon which the concerned respondent shall pass a reasoned and speaking order expeditiously, preferably within three weeks thereafter, strictly in accordance with law. No coercive action was to be taken against the petitioners for four weeks. All pending applications stood disposed of.

¶1

[2025:RJ-JP:51674]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 19543/2025

¶4

Suresh Chand Saini S/o Ramsahai, Aged About 50 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶5

Jagdish Prasad Saini S/o Lalaram, Aged About 45 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶6

Khilluram S/o Govindaram, Aged About 50 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶7

Lalaram S/o Hukma, Aged About 65 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶8

Ramji Lal S/o Shyobux, Aged About 40 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶9

Mammal Ram Saini S/o Bhore Lal, Aged About 46 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶10

Dinesh Chand S/o Shriyaram, Aged About 35 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶11

Mukesh Chand Saini S/o Lalaram, Aged About 42 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶12

Tundaram Saini S/o Ramsahai, Aged About 48 Years, R/o Village Rajpur Chhota, (Motaka Bas), Tehsil Raini, District Alwar

¶13

----Petitioners

¶14

Versus

¶15

State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Govt. Of Rajasthan, Secretariat, Jaipur

¶16

District Collector, Alwar 3. Sub-Divisional Officer, Raini District Alwar 4. Tehsildar, Tehsil Raini, District Alwar

¶17

----Respondents

¶18

For Petitioner(s)	: Mr. Mohar Pal Meena
For Respondent(s)	: Mr. V.D. Gathala,AGC

(2 of 2)

[2025:RJ-JP:51674]

[CW-19543/2025]

HON'BLE MR. JUSTICE SANDEEP TANEJA

¶23

Order

¶24

19/12/2025

¶25

By way of this writ petition, the petitioners have challenged the notice dated 08.04.2025 issued under Section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act') by Tehsildar, Tehsil Raini, District Alwar for removal of encroachment on the subject land.

¶26

The petitioners have directly approached this Court, without filing the reply to the said notice. Hence, this Court is not inclined to go into the merits of the case.

¶27

This Court is of the view that the petitioners are required to approach the concerned respondent, who has issued the impugned notice to the petitioners, by way of filing reply / representation along-with the relevant documents in support thereof.

¶28

It is directed that in case, any such reply / representation is submitted by the petitioners within a period of one week from today, the concerned respondent will look into the matter and pass reasoned and speaking order, expeditiously as early as possible, preferably within a period of three weeks thereafter strictly in accordance with law.

¶29

For a period of four weeks, no coercive action be taken against the petitioners.

¶30

Accordingly, the writ petition stands disposed of.

¶31

All pending applications, if any, shall also stand disposed of.

¶32

(SANDEEP TANEJA),J

¶33

DEEPAK /43

Suresh Chand Saini S/O Ramsahai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suresh Chand Saini S/O Ramsahai v. 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

Coram

Case details

Similar cases

M/S Vandana Agro Vs Rajasthan Gramin Bank

Smt. Kamod Devi Wife of Shri Laxman Singh Gurjar Vs State of Rajasthan

Prabhudayal Gurjar Son of Nangram Gurjar Vs State of Rajasthan

Manoj Kumawat S/O Shri Babulal Kumawat Vs State of Rajasthan

Kishor Singh S/O Heera Ram Vs Sub-Divisional Officer Reengus

M/S. Khan Krishi Kendra Vs State of Rajasthan