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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[2026:RJ-JP:10893-DB] (2 of 4) [CW-2850/2025]
Mr. Dev Kumar
Mr. Pallav Choudhary for
Mr. Paras Choudhary
Mr. Hari Prashad Jangid
Ms. Nisha Singh
Mr. Sudarshan Singh Yadav
Mr. Vikram Yadav
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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[2026:RJ-JP:10893-DB] (4 of 4) [CW-2850/2025]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
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