Lakshmi Chand S/O Shri Lakshmi Narayan, Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Lakshmi Chand S/O Shri Lakshmi Narayan, Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the petitioner to submit a representation against the impugned notices/orders dated 16.04.2026 & 23.04.2026 within 7 days; the Competent Authority to objectively consider such representation with documents strictly in accordance with law and decide by a speaking and reasoned order within 30 days of receipt; pending application(s), if any, also disposed of.

Issue for consideration

Whether the construction raised by the petitioner/his wife can be treated as encroachment and whether the petitioner can be characterised as a trespasser over the land-in-question, as asserted in the impugned notices/orders dated 16.04.2026 and 23.04.2026. +1 more

Court's answer

The Court expressly clarified that it has not expressed any opinion on the merits of the case; the question whether the construction constitutes encroachment was left open.

Ratio / Principle

In view of the limited prayer, the Court disposed of the petition with liberty to the petitioner to submit a representation against the impugned notices/orders dated 16.04.2026 and 23.04.2026; if such representation with documents is filed within 7 days, the Competent Authority shall objectively consider it strictly in accordance with law and decide it by a speaking and reasoned order within 30 days of receipt.

Detailed headnote1 paragraphs

Writ Petition (S.B. Civil Writ Petition No. 8505/2026, Rajasthan High Court, Jaipur Bench; Anand Sharma, J.; order dated 07/07/2026) - Petitioner challenged revenue notices/orders dated 16.04.2026 and 23.04.2026 which, per his counsel, were issued merely on account of a complaint by a stranger person and treated construction raised by him/his wife as encroachment, casting him as a trespasser over the land-in-question. Counsel sought liberty to submit documents and a representation before the Tehsildar-Ladpura, District Kota, to be decided by a speaking order. Disposing of the petition, the Court directed that if a representation with documents is filed within 7 days, the Competent Authority shall objectively consider it strictly in accordance with law and pass a speaking and reasoned order within 30 days of receipt. The Court made clear it had expressed no opinion on the merits; pending applications, if any, were also disposed of.

[2026:RJ-JP:25243]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8505/2026

URN: CW / 18795U / 2026

Lakshmi Chand S/o Shri Lakshmi Narayan, Aged About 52 Years, R/o Village Dobda, Tehsil Ladpura District Kota (Raj.)

----Petitioner

Versus

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

The District Collector, District Kota (Rajasthan).

The Sub-Divisional Officer / Sub-Divisional Magistrate, Kota (Rajasthan).

The Tehsildar, Ladpura, District Kota (Rajasthan).

The Nayab Tehsildar, Mandana, Sub-Tehsil Mandana, District Kota (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Order

07/07/2026

By way of filing this writ petition, the petitioner has challenged notices/orders dated 16.04.2026 & 23.04.2026.

Learned counsel for the petitioner submits that construction raised by the petitioner/his wife cannot be said to be encroachment and the petitioner cannot be narrated as trespasser over the land-in-question. However, merely on account of complaint made by stranger person, notices/orders dated 16.04.2026 & 23.04.2026 have been issued.

[2026:RJ-JP:25243]

[CW-8505/2026]

(2 of 2)

Learned counsel for the petitioner further submits that the petitioner may be granted liberty to submit his documents before the Tehsildar-Ladpura, District-Kota along with representation and such representation be directed to be decided by a speaking order.

In view of the limited prayer made by the learned counsel for the petitioner, this Court deems it just and proper to dispose of the present petition with liberty to the petitioner to submit a representation against the impugned notices/orders dated 16.04.2026 & 23.04.2026 and, in case, any such representation is filed along with documents, the same shall be objectively considered by the Competent Authority strictly in accordance with law and shall be decided by a speaking and reasoned order within a period of 30 days from the date of receipt of representation, in case, such representation is filed within a period of 7 days.

Accordingly, the present petition stands disposed of.

It is made clear that this Court has not expressed any opinion on merits of this case.

Pending application(s), if any, also stand(s) disposed of.

(ANAND SHARMA),J

8/DAKSH