Rajasthan HC Orders Removal of Encroachments on Gair Mumkin Rasta

The Rajasthan High Court has now mandated swift administrative action to clear illegal blockades on revenue paths, emphasizing that executive inaction cannot persist in the face of existing judicial mandates. The Bench stated that failure to enforce judicial orders for restoring public pathways constitutes a direct threat to the fundamental rights of movement and access to education for rural citizens.

In a proceeding presided over by Justice Dr. Nupur Bhati, the Court addressed a grievance regarding the non-compliance of orders passed by revenue authorities. The petitioners, including senior citizens and minors, sought the restoration of a 'Gair Mumkin Rasta' which they claimed was their only access to agricultural fields and medical facilities.

Key Takeaways

Administrative Accountability

Local authorities such as the Tehsildar are duty-bound to ensure that encroachment removal orders are not just issued but effectively implemented on the ground.

Protection of Fundamental Access

Blocking public pathways (Rasta) directly impacts the Article 21 and Article 21A, especially for students and the elderly needing medical attention.

Remedy for Recurring Encroachments

Where respondents repeatedly block paths despite previous clearance, the High Court can direct time-bound administrative interventions to ensure permanent compliance.

Court Observations and Directions

The Court noted that despite earlier litigation and orders from the District Collector and Tehsildar, the way remained blocked. The petitioners highlighted that the lack of an alternative route was causing severe hardship. The Rajasthan High Court emphasized the necessity of ensuring that orders passed by competent authorities like the District Collector and Tehsildar reach their logical conclusion.

The Court issued the following directions:

“6. ...this Court deems it just and appropriate to dispose of the instant writ petition with a direction to the petitioners to file a fresh representation alongwith certified copy of the instant order within a period of two weeks from today before the Court of Tehsildar Raniwara, District Jalore with a prayer for ensuring compliance of the order dated 21.06.2023 (Annexure-P/4) and order dated 22.03.2024 (Annexure-P/5). 7. In case the representation is so address, the Court of Tehsildar Raniwara, District Jalore shall consider the same in accordance with law preferably within a period of four weeks of receipt thereof and shall issue necessary directions for ensuring compliance of the order dated 22.03.2024 (Annexure-P/5) passed by the Court of District Collector, Sanchore.”

Ratio

When a competent revenue authority has passed an order for the removal of encroachments on a recorded public path (Gair Mumkin Rasta), the executive machinery is under a legal obligation to ensure its compliance. Continued inaction by officials in executing such orders warrants the intervention of the High Court to protect the citizens' rights to free movement and access to essential services under the Constitution.

Background

The dispute originated when the petitioners found their passage through Khasra Nos. 319, 632/325, and 623/327 blocked by private respondents. The petitioners initially approached the Court of Tehsildar Raniwara, which ordered the removal of encroachment on June 21, 2023. This was subsequently upheld and reinforced by the District Collector, Sanchore, in an appeal decided on March 22, 2024.

Despite these orders, and a previous round of litigation before a Co-ordinate Bench of the Rajasthan High Court, the petitioners alleged that the way was again blocked. They argued that this infringement prevented the minor children from attending school, violating their rights under Article 21A, and prevented an 82-year-old petitioner from accessing medical care, violating Article 21. The Rajasthan High Court disposed of the petition by directing the Tehsildar to ensure strict compliance with the Collector's order within four weeks.

Case Details:
Case No.: S.B. Civil Writ Petition No. 19329/2026
Neutral Citation: 2026:RJ-JD:45742
Case Title: Prabhuram & Ors. v. Jiwaram & Ors.
Appearances:
For the Petitioner(s): Mr. Bhanwar Lal Swami

Source: 2026 CaseBase(RAJ) 22070