The Rajasthan High Court has dismissed a batch of writ petitions challenging eviction and show-cause notices issued to several dargahs, mosques, madrasas and private individuals whose properties are situated within 50 kilometres of the Indo-Pakistan border. The Court held that where national security concerns are involved, authorities may adopt a modified approach to the principles of natural justice, provided there is material supporting their action.
Background of the Case
The lead matter, Peer Mohammad Shah Jilani Dargah Samiti v. State of Rajasthan & Others, was heard along with several connected petitions raising similar legal issues. The petitioners challenged notices issued under the Rajasthan Colonization Act, 1954, the Rajasthan Land Revenue Act, 1956 and other statutory provisions.
According to the authorities, the structures were allegedly situated on government or agricultural land without the required permissions and fell within the sensitive 0-50 km border belt. The State also relied on intelligence inputs and security considerations while issuing the notices. The petitioners argued that the notices violated the principles of natural justice and Supreme Court directions governing demolition proceedings.
Court's Observations
Justice Sameer Jain observed that the dispute arose only at the stage of show-cause notices and that the relevant statutes already provide an effective mechanism for the affected parties to place their case before the competent authorities and pursue appeals if necessary.
The Court noted that issues involving title, possession and authorization of the structures required factual determination and were therefore not suitable for adjudication in writ jurisdiction at this preliminary stage.
Addressing the issue of national security, the Court observed:
"In matters involving national security, strict adherence to the traditional rigours of natural justice is not always warranted, and a pragmatic, situation-responsive approach is permissible, provided that there exists material justifying such action."
The Court further held that sufficient procedural compliance had been made in the present cases and that no prejudice could be said to have been caused where the petitioners themselves did not participate in the proceedings.
Committee Directed for Sensitive Cases
While dismissing the petitions, the High Court directed the State to constitute a committee comprising the District Collector, Superintendent of Police and a representative of the Border Security Force (BSF) to examine sensitive properties individually.
The committee has been authorised to consider available records, evidence and intelligence inputs and, depending on the circumstances, recommend measures including eviction, dispossession or demolition wherever legally warranted. The Court clarified that natural justice should not be entirely dispensed with but may be suitably tailored in cases involving serious security concerns.
Decision
The Rajasthan High Court dismissed the entire batch of writ petitions, holding that they were not maintainable against show-cause notices, particularly when statutory remedies remained available and disputed questions of fact were involved.
The Court also disposed of all pending applications and stay petitions.
Case Details
Case Title: Peer Mohammad Shah Jilani Dargah Samiti v. State of Rajasthan & Others (Lead Case) & Connected Matters
Case Number: S.B. Civil Writ Petition No. 13243/2026 (with connected petitions)
Judge: Justice Sameer Jain
Decision Date: 13 July 2026
