Smt. Maya Devi W/O Shri Om Singh Yadav vs State Of Rajasthan … on 16 March, 2026

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    Rajasthan High Court – Jaipur

    Smt. Maya Devi W/O Shri Om Singh Yadav vs State Of Rajasthan … on 16 March, 2026

    [2026:RJ-JP:10893-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                     D.B. Civil Writ Petition No. 2850/2025
    
    Smt. Maya Devi W/o Shri Om Singh Yadav, Aged About 48 Years,
    R/o    Village   And      Post     Matalwas,         Tehsil         Kotkasim,   District
    Khairthal-Tijara, Rajasthan.
                                                                             ----Petitioner
                                           Versus
    1.       State Of Rajasthan, Through Its Secretary To Department
             Of Revenue, Government Secretariat, Jaipur.
    2.       State Of Rajasthan, Through Its Secretary, Department Of
             Panchayati Raj, Government Secretariat, Jaipur.
    3.       District Collector, District Khairthal-Tijara (Raj.)
    4.       Tehsildar, Kotkasim, District Khairthal-Tijara (Raj.)
    5.       Savita Devi W/o Vinod, R/o Village Makdawa, Tehsil
             Kotkasim, District Khairthal-Tijara.
    6.       Vinod S/o Omprakash, R/o Village Makdawa, Tehsil
             Kotkasim, District Khairthal-Tijara.
    7.       Suresh S/o Omprakash, R/o Village Makdawa, Tehsil
             Kotkasim, District Khairthal-Tijara.
    8.       Om Prakash S/o Shri Chhitar, R/o Village Makdawa, Tehsil
             Kotkasim, District Khairthal-Tijara.
    9.       Kamla Devi W/o Om Prakash, R/o Village Makdawa, Tehsil
             Kotkasim, District Khairthal-Tijara.
    10.      Ramkawar S/o Hukma, R/o Village And Post Matalwas,
             Tehsil Kotkasim, District Khairthal-Tijara.
    11.      Hoshiyar S/o Hukma, R/o Village And Post Matalwas,
             Tehsil Kotkasim, District Khairthal-Tijara.
    12.      Bhiwadi Integrated Vikas Pradhikaran, Through Its Chief
             Executive Officer, Bhiwadi, District Khairthal-Tijara.
                                                                          ----Respondents
    For Petitioner(s)            :     Mr. Ishwar Jain
    For Respondent(s)            :     Ms. Shikha Sharma for
                                       Mr. GS Gill, AAG
                                       Mr. Prateek Saxena with
                                       Ms. Divya Rathore
                                       Ms. Anshul Ranga for
                                       Mr. Kapil Prakash Mathur, AAG
    
    
    

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    Mr. Dev Kumar
    Mr. Pallav Choudhary for
    Mr. Paras Choudhary
    Mr. Hari Prashad Jangid
    Ms. Nisha Singh
    Mr. Sudarshan Singh Yadav
    Mr. Vikram Yadav

    SPONSORED

    HON’BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
    HON’BLE MR. JUSTICE BALJINDER SINGH SANDHU

    Order

    16/03/2026

    This petition has been preferred by the petitioner, wherein it

    has been stated that there are permanent encroachments in

    village Makdawa, Tehsil Kotkasim, District Khairthal, which need to

    be removed. It is stated that the petitioner had filed several

    representations to the competent authority for removal of the

    encroachments, however no heed was paid.

    In another writ petition, Jagdish Prasad Meena & Ors. Vs

    State of Rajasthan & Ors., the case was sent to the Public Land

    Protection Cell, however as nothing has been done in this regard,

    the petitioner therefore prayed as under :-

    “It is, therefore, by submitting writ petition it is humbly prayed
    that the writ petition of the this petitioner may kindly be accepted
    and allowed and:-

    (a) respondent No. 1 to 4 may kindly be directed to remove the
    encroachment over the khasra number 972, 1113/973 of Village
    Makdawa, Tehsil Kotkasim, District Khairthal-Tijara over and the
    khasra No. 713/27 of Village Matalwas, Tehsil Kotkasim, District
    Khairthal-Tijara.

    (b) Any other appropriate order which this Hon’ble Court may
    deem fit in the interest facts and of justice in the circumstances
    of thecase in favour of the petitioner may kindly be passed.

    11. Interim Relief:

    The respondent No. 5 to 11 may kindly be restrained from the
    encroachment over the khasra number 972, 1113/973 of Village
    Makdawa, Tehsil Kotkasim, District Khairthal-Tijara and over the
    khasra No. 713/27 Village Matalwas, Tehsil Kotkasim, District of
    Khairthal-Tijara during pendency of the petition.

    12. Caveat:

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    [2026:RJ-JP:10893-DB] (3 of 4) [CW-2850/2025]

    That no notice has been received of lodging a caveat by the
    opposite party.”

    In response, the Collector and the Tehsildar have filed their

    replies stating that there were temporary encroachments, which

    have been removed and permanent encroachments are also there,

    in which, notices have been issued to the concerned persons

    under Section 45, 46, 47 and 48 of the Rajasthan Special

    Investment Regions Act, 2016 and Section 90 and 92 of the Urban

    Improvement Act 1959 to remove the encroachments. The BIDA,

    Bhiwadi does not hold the control of Khasra No.972 and 1113/973

    and would not be competent to take action in regard to any

    encroachments in that area.

    Applications have been filed by the concerned persons, who

    are residing in the said Khasras and an order of the District

    Collector dated 26.11.2025 has been placed before us, which

    reflects that the District Collector has sent a proposal to the SDO

    for extension of the Abadi land for regularizing the plots in Khasra

    Nos.972 and 1113/973, which is in Abadi land. The action is to be

    taken under Section 102-A of the Rajasthan Land Revenue Act of

    1956.

    At the same time, it has also been directed by the District

    Collector to provide alternate places for accommodation of the

    persons, who are residing in the said Khasra No.972 and Khasra

    No.1113/973.

    Learned counsel submitted that the land is in gair-mumkin

    abadi area and therefore, it cannot be said that there is any

    encroachment on the said land as the houses have been made and

    they need to be regularized since the concerned Panchayat has

    already issued pattas.

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    Considering the aforesaid aspects, we find that the present

    PIL petition is without any basis and the relief claimed in the PIL

    cannot be granted. Moreso, as the land falls in Abadi area, where

    people are residing.

    Accordingly, the present writ petition is dismissed.

    (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ

    deep/23

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