Pokar Ram vs Sub-Divisional Authority/Revenue … on 12 March, 2026

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    Rajasthan High Court – Jodhpur

    Pokar Ram vs Sub-Divisional Authority/Revenue … on 12 March, 2026

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          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                                JODHPUR
                 S.B. Civil Writ Petition No. 2404/2026
    
    Pokar Ram S/o Bakhtaram, Aged About 66 Years, Resident Of
    Jugatsingh Nagar, Patwar Halka Baalrawa, Tehsil Tiwari, District
    Jodhpur, Rajasthan.
                                                           ----Petitioner
                                    Versus
    1.     Sub-Divisional Authority/revenue Authorities, Tehsil Tiwri,
           District Jodhpur.
    2.     Jodhpur Development Authority, Jodhpur Through Its
           Secretary.
    3.     Aasuram S/o Mangilal, R/o Jugatsingh Nagar, Patwar
           Halka Baalawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    4.     Khetaram S/o Mangilal, Jugatsingh Nagar, Patwar Halka
           Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    5.     Gumanaram S/o Mangilal, Jugatsingh Nagar, Patwar Halka
           Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    6.     Gabu Devi W/o Khetaram, Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    7.     Jetha Ram W/o Omaram, Jugatsingh Nagar, Patwar Halka
           Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    8.     Vetanram S/o Omaram, R/o Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    9.     Manohar, R/o Jugatsingh Nagar, Patwar Halka Baalrawa,
           Tehsil Tiwri, District Jodhpur, Rajasthan.
    10.    Sita Devi W/o Omram, R/o Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    11.    Jena W/o Pukhraj, R/o Jugatsingh Nagar, Patwar Halka
           Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    12.    Ganesh S/o Pukhraj, R/o Jugatsingh Nagar, Patwar Halka
           Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    13.    Tarachand S/o Pukhraj, R/o Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    14.    Gopikishan S/o Pukhraj, R/o Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    15.    Imarti W/o Gumanaram, R/o Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    16.    Chandranaram S/o Pukhraj, R/o Jugatsingh Nagar, Patwar
           Halka Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
    17.    Suzuki W/o Aasuram, R/o Jugatsingh Nagar, Patwar Halka
           Baalrawa, Tehsil Tiwri, District Jodhpur, Rajasthan.
                                                       ----Respondents
    
    
    
     For Petitioner(s)          :    Mr. Tanay Sharma
     For Respondent(s)          :
    
    
    
    
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                HON'BLE MR. JUSTICE SANJEET PUROHIT

    Order

    12/03/2026

    SPONSORED

    1. The present writ petition has been filed seeking consideration

    of the petitioner’s representations for removal of the names of

    respondents No. 2 to 17 from the land in question, and further for

    issuance of directions to the competent authorities to consider the

    petitioner’s request for regularization of the said land in his favour.

    2. Learned counsel for the petitioner submits that the land in

    question has been in possession of the petitioner, and in this

    regard a recommendation for its regularisation in favour of the

    petitioner was made as far back as in the year 1993.

    3. Learned counsel for the petitioner further submits that the

    predecessor-in-interest of the petitioner, and thereafter the

    petitioner himself, has remained in continuous possession of the

    land in question. However, the names of private respondents No. 2

    to 17 have been recorded in the revenue record, and therefore a

    prayer has been made for deletion of their names from the said

    record.

    4. Heard learned counsel for the petitioner and perused the

    material available on record.

    5. This Court finds that although the present writ petition has

    been filed seeking a direction to the respondent-authorities to

    consider and decide the petitioner’s representation, no such

    representation has been placed on record. Further, there is no

    averment in the writ petition indicating that the petitioner has

    approached the respondent-authorities by submitting any

    representation seeking the reliefs prayed for in the present

    petition.

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    5.1 The law in this regard is well settled that a person cannot

    invoke the extraordinary jurisdiction of this Court and seek

    issuance of a writ of mandamus without first approaching the

    competent authority and making a representation for redressal of

    his grievance.

    5.2 The Hon’ble Apex Court in Saraswati Industrial Syndicate

    Ltd. v. Union of India, (1974) 2 SCC 630 held that demand

    and its subsequent refusal is sine qua non for issuance of writ of

    mandamus. The relevant paragraph is reproduced herein below:

    “24. As the appeals fail on merits we need not discuss the
    technical difficulty which an application for a writ of
    certiorari would encounter when no quasi-judicial
    proceeding was before the High Court. The powers of the
    High Court under Article 226 are not strictly confined to the
    limits to which proceedings for prerogative writs are subject
    in English practice. Nevertheless, the well recognised rule
    that no writ or order in the nature of a mandamus would
    issue when there is no failure to perform a mandatory duty
    applies in this country as well. Even in cases of alleged
    breaches of mandatory duties, the salutary general rule,
    which is subject to certain exceptions, applied by us, as it is
    in England, when a writ of mandamus is asked for, could be
    stated as we find it set out in Halsbury’s Laws of England
    (3rd Edn.), Vol. 13, p. 106):

    “As a general rule the order will not be granted unless
    the party complained of has known what it was he was
    required to do, so that he had the means of
    considering whether or not he should comply, and it
    must be shown by evidence that there was a distinct
    demand of that which the party seeking the
    mandamus desires to enforce, and that that demand
    was met by a refusal.””

    5.3 Moreover, the Hon’ble Apex Court in Amrit Lal Berry v.

    CCE, (1975) 4 SCC 714 reiterated the same as follows:

    “25. In the petition of K.N. Kapur and others, we do not
    even find an assertion that any representation was made
    against any violation of a petitioner’s right. Hence, the Rule
    recognised by this Court in Kamini Kumar Das Choudhury v.
    State of W.B.
    [(1972) 2 SCC 420, 426 (Para 11): AIR 1972
    SC 2060, 2065] that a demand for justice and its
    refusal must precede the filing of a petition asking for
    direction or writ of mandamus, would also operate
    against the petitioners.”

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    5.4 Therefore, the present writ petition seeking issuance of

    mandamus without first making a representation/demand to

    concerned authorities, is liable to be dismissed on this ground

    alone.

    6. The other prayer made in the writ petition is for deletion of

    the names of private respondents No. 2 to 17 from the revenue

    record. In this regard, this Court finds that adequate and

    efficacious remedies are available under the revenue laws for

    correction of revenue entries, deletion of the names of khatedari

    tenants, or for effecting changes in the revenue record.

    6.1 This Hon’ble High Court in Revataram & Ors. Vs. State of

    Rajasthan & Anr.; S.B. Civil Writ Petition No.13572/15 held

    that where law provides for effective and efficacious remedy, the

    same must be exhausted first before invoking extraordinary

    jurisdiction of High Courts under Article 226. The relevant

    paragraph is reproduced herein below:

    “3. Indisputably, land alleged to be in unauthorised
    occupation of the petitioner is oran land. By virtue of
    provisions of Section 16 (vi) of the Act, the gair mumkin
    oran land being the land held for public purpose/work of
    public utility, no khatedari rights could accrue in respect
    thereof. Be that as it may, the order impugned passed by
    the Tehsildar u/s 91 of the Act is appealable before the
    Collector under the provisions of Section 75 of the Act and
    therefore, in view of the effective and efficacious
    alternative remedy available to the petitioners under
    the relevant Statute, there is absolutely no reason as
    to why the petitioners should be permitted to invoke
    the extra ordinary jurisdiction of this court under
    Article 226 of the Constitution of India.”

    6.2 Therefore, the present writ petition, having been filed

    directly before this Court without exhausting statutory alternative

    remedy, deserves to be dismissed on this ground as well.

    7. So far as the prayer made by the petitioner regarding

    regularisation of the land in pursuance of the order dated

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    17.03.1993 is concerned, this Court finds that the said prayer has

    been raised after an inordinate delay of about 23 years.

    7.1 The Hon’ble Apex Court in Tridip Kumar Dingal v. State of

    W.B., (2009) 1 SCC 768 held that inordinate delay and laches is

    a reasonable ground for refusing relief under Article 226. The

    relevant paragraphs are reproduced herein below:

    “56. We are unable to uphold the contention. It is no doubt
    true that there can be no waiver of fundamental right. But
    while exercising discretionary jurisdiction under Articles 32,
    226
    , 227 or 136 of the Constitution, this Court takes into
    account certain factors and one of such considerations is
    delay and laches on the part of the applicant in approaching
    a writ court. It is well settled that power to issue a writ
    is discretionary. One of the grounds for refusing
    reliefs under Article 32 or 226 of the Constitution is
    that the petitioner is guilty of delay and laches.

    57. If the petitioner wants to invoke jurisdiction of a
    writ court, he should come to the Court at the earliest
    reasonably possible opportunity. Inordinate delay in
    making the motion for a writ will indeed be a good
    ground for refusing to exercise such discretionary
    jurisdiction. The underlying object of this principle is not to
    encourage agitation of stale claims and exhume matters
    which have already been disposed of or settled or where the
    rights of third parties have accrued in the meantime (vide
    State of M.P. v. Bhailal Bhai [AIR 1964 SC 1006 : (1964) 6
    SCR 261] , Moon Mills Ltd. v. Industrial
    Court [AIR 1967 SC
    1450] and Bhoop Singh v. Union of India [(1992) 3 SCC 136
    : (1992) 21 ATC 675 : (1992) 2 SCR 969] ).
    This principle
    applies even in case of an infringement of fundamental right
    (vide Tilokchand Motichand v. H.B. Munshi [(1969) 1 SCC
    110] , Durga Prashad v. Chief Controller of Imports &
    Exports
    [(1969) 1 SCC 185] and Rabindranath Bose v.
    Union of India
    [(1970) 1 SCC 84] ).”

    7.2 Therefore, the present writ petition discloses no cogent

    explanation or justification for the inordinate delay. In the absence

    of any satisfactory cause, the relief sought cannot be granted.

    8. Moreover, it is trite law that disputed questions of fact cannot

    be adjudicated by this Court in its extraordinary jurisdiction under

    Article 226. This Hon’ble High Court in M.A. Qureshi v. Union of

    India, 2004 SCC OnLine Raj 257 reiterated the same. Relevant

    paragraph is reproduced herein
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    “20. It may be stated here that the High Court may refuse
    to exercise discretion under Article 226 where the writ
    petition raises highly disputed questions of facts as the
    same cannot be gone into and decided in a summary
    proceeding under Article 226 of the Constitution of India
    because they require a detailed examination of the evidence
    and the object of Article 226 is the enforcer not the
    establishment of a right or title.”

    8.1 Therefore, the present writ petition is further liable to be

    dismissed on the ground that it involves several disputed

    questions of fact relating to the claim and title of the petitioner, as

    well as the alleged possession of the petitioner over the land in

    question.

    9. As an upshot of the discussions made hereinabove, the

    present writ petition has been filed without the petitioner first

    approaching the respondent-authorities by way of submitting any

    representation, and without availing the statutory remedies

    available under the revenue laws. The petition has also been filed

    after an inordinate delay of about 23 years and further involves

    disputed questions of fact.

    10. In view of the aforesaid reasons and judicial

    pronouncements, the present writ petition, bereft of merit, is

    hereby, dismissed.

    11. Stay application and all pending applications, if any, hereby

    stand disposed of.

    (SANJEET PUROHIT),J
    30-yagya/-

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