Case Note & Summary
The writ petition before the High Court of Judicature for Rajasthan at Jodhpur arose from a challenge to notification dated 13.12.2025 issued by the Department of Revenue, Government of Rajasthan, creating revenue village 'Khichan Vistar' in District Phalodi. The petitioner, Satyanarayan Singh Rajpurohit, a resident of village Khichan, filed the petition seeking quashing of the notification and a restraint on creation of the Panchayat/village until a fresh process under Section 101 of the Rajasthan Panchayati Raj Act, 1994 was undertaken. The respondents included the State of Rajasthan, District Collector Phalodi, Sub-Division Officer Phalodi, Tehsildar Phalodi, and Chief Executive Officer, Zila Parishad Jodhpur. Chronologically, the State Government issued guidelines on 10.01.2025 under Section 101 read with Sections 9 and 10 of the Rajasthan Panchayati Raj Act, 1994 for delimitation of Panchayat circles. Further notifications followed on 10.02.2025, 19.02.2025 (permitting 20% deviation), 10.03.2025, and 18.03.2025. On 22.03.2025, the State Government created various revenue villages including Khichan Vistar. Objections were invited on 07.04.2025; the petitioner objected to the creation, primarily on distance criteria. An inquiry was ordered on 01.05.2025. A joint inspection report dated 19.05.2025 recorded distances from three ways: Way A 2010m, Way B 3550m, Way C 1000m, and concluded creation was required for development. Meanwhile, another villager, Santosh Kumar, filed S.B. Civil Writ Petition No. 8310/2025, decided on 27.05.2025, directing the Principal Secretary Revenue to decide the representation. The petitioner's representation led to a direction for personal hearing on 17.07.2025. A subsequent SDO report dated 26.08.2025 noted that Khasra No. 156 of newly created Khichan Vistar and Khasra No. 185 of original Khichan are adjacent. Based on this, the District Collector on 27.09.2025 recommended cancellation of the creation, and the Revenue Department cancelled it by notification dated 17.11.2025. Thereafter, a ruling party leader submitted a representation dated 18.11.2025 seeking restoration, leading to a factual report dated 27.11.2025 and the impugned notification dated 13.12.2025 recreating Khichan Vistar. The core legal issues were whether the impugned notification violated the delimitation guidelines, whether it was arbitrary due to political influence and lack of new material after cancellation, and whether the High Court should interfere under Article 226 of the Constitution given the State Government's exclusive power under Section 16 of the Rajasthan Land Revenue Act, 1956. The petitioner argued violation of guidelines and distance criteria, reliance on the 26.08.2025 adjacency report, lack of new material, and political influence. The respondents argued compliance with distance criteria based on the 19.05.2025 joint inspection report, irrelevance of mere Khasra adjacency, and the State Government's exclusive statutory power. The court heard arguments and perused the record, but the available text ends at Para 6, and no final decision is discernible.
Headnote
A) Constitutional Law - Writ Jurisdiction - Scope of Interference Under Article 226 - Constitution of India, Article 226 - Petitioner invoked writ jurisdiction to quash notification dated 13.12.2025 creating revenue village Khichan Vistar, alleging violation of guidelines and arbitrary action; respondents argued that under Section 16 of Rajasthan Land Revenue Act, 1956, State Government has exclusive power to alter village boundaries and the Court should not interfere. The High Court considered whether judicial review is warranted in delimitation matters (Paras 3-4). B) Administrative Law - Delimitation Guidelines - Compliance with Distance Criteria - Rajasthan Panchayati Raj Act, 1994, Sections 9, 10, 101; Rajasthan Land Revenue Act, 1956, Section 16 - Petitioner contended that creation of Khichan Vistar violated guidelines dated 10.01.2025 and 10.02.2025 requiring minimum distance, and relied on inquiry report dated 26.08.2025 showing adjacency of Khasra numbers. Respondents relied on joint inspection report dated 19.05.2025 measuring distances from Ways A, B, C as 2010m, 3550m, and 1000m respectively, asserting compliance. The court examined the factual dispute over distance parameters (Paras 2.5-2.8, 3.2, 4.1). C) Administrative Law - Judicial Review of Administrative Action - Arbitrariness and Political Influence - Constitution of India, Article 226 - Petitioner alleged that impugned notification was issued upon request of a local political leader after prior cancellation, without new material, and was arbitrary. Respondents maintained that it conformed to statutory parameters and joint inspection reports. The court considered whether fresh exercise after cancellation was arbitrary or required new material (Paras 2.9-2.10, 3.1-3.2).
Issue of Consideration
Whether notification dated 13.12.2025 creating revenue village 'Khichan Vistar' is liable to be quashed for violation of delimitation guidelines dated 10.01.2025 and 10.02.2025; whether fresh notification after cancellation without new material and allegedly at behest of political leader is arbitrary; whether High Court should exercise writ jurisdiction under Article 226 of Constitution of India when State Government has exclusive power under Section 16 of Rajasthan Land Revenue Act, 1956
Law Points
- Section 101 read with Sections 9 and 10 of Rajasthan Panchayati Raj Act
- 1994 empowers District Collectors to delimit Panchayat circles
- Section 16 of Rajasthan Land Revenue Act
- 1956 vests State Government with exclusive power to create or alter villages
- guidelines issued under these provisions prescribe distance and population parameters
- administrative action can be challenged as arbitrary if influenced by extraneous considerations
- judicial review under Article 226 of Constitution of India is limited in matters of village delimitation
