Goutam Lal vs State Of Rajasthan
2021 Latest Caselaw 10039 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6931/2021

1. Goutam Lal S/o Bheru Lal, Aged About 38 Years, Badi Kot, Gata, Dhaamniyan Khalsa, District Udaipur, Rajasthan.

2. Shanker S/o Bhera Meena, Aged About 65 Years, Ghaata, Dhaamniyan, Khalsa, Kanor, District Udaipur, Rajasthan.

3. Nanka S/o Deva Ji, Aged About 55 Years, Gram Panchayat Ghata @ Singhavato Ka Khera, Panchayat Samiti Lasadiya, District Udaipur, Rajasthan, Rajasthan.

4. Rama S/o Kaana, Aged About 61 Years, Karnagad Dhaamniyan Khalsa, Kanor, District Udaipur, Rajasthan.

5. Bhagwana Meena S/o Poonja Meena, Aged About 53 Years, Muhadi Fala, Ghaata, Kanor, District Udaipur, Rajasthan.

6. Sita Ram S/o Panchu, Aged About 38 Years, Ghaata, Dhaamniyan Khalsa, Kanor, District Udaipur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Secretary And Commissioner, Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. District Collector, Udaipur, Rajasthan.

3. Chief Executive Officer, Zila Parishad Udaipur, Rajasthan.

4. Sub Divisional Magistrate, Udaipur, Rajasthan.

5. Sarpanch, Gram Panchayat Ghata @ Singhavato Ka Khera, Panchayat Samiti Lasadiya, District Udaipur, Rajasthan.

6. Nand Lal Meena (Sarpanch-Husband), Gram Panchayat Ghata @ Singhavato Ka Khera, Panchayat Samiti Lasadiya, District Udaipur, Rajasthan.

7. Development Officer, Gram Panchayat Ghata @ Singhavato Ka Khera, Panchayat Samiti Lasadiya, District Udaipur, Rajasthan.

                                                                    ----Respondents


For Petitioner(s)          :     Mr. Nikhil Jain



                                          (2 of 3)               [CW-6931/2021]




             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

05/07/2021

This writ petition is filed by the petitioners seeking following

reliefs from this court:

"It is therefore, respectfully prayed that this writ petition

may kindly be allowed with costs; and

[A] By an appropriate writ, order or direction, the Respondent

Sh. Nand Lal (-husband of Sarpanch Mrs. kannu Meena) may

kindly be restrained from holding the office of Gram Panchayat,

Laasadiya district Udaipur & the State Government may be

directed to take action against Sh. Nand Lal (Sarpanch-Husband)

& investigation in this regard may be conducted by appropriate

authority.

[B] By an appropriate writ, order or direction, the Respondent

may kindly be restrained from raising the construction of new

Panchayat Bhawan as well as building of Community Center

(Samudayik Bhawan) at the present location. That the Respondent

may be directed to follow the circular dated 26.06.2020.

[C] By an appropriate writ, order or direction, the Respondent

may kindly be directed to consider the offered land by the

Petitioners & other Villagers at Khasra No. 1035/1036 situated

adjacent to the Dhariyawad Road/Main Road or the building

already available at present location in pursuance of circular dated

26.06.2020 (Annex.05)

[D] Any other appropriate order or relief which this Hon'ble Court

may deem just and proper in the facts and circumstances of this

(3 of 3) [CW-6931/2021]

case may also kindly be passed in favour of the humble

Petitioners.

[E] Writ petitioner filed by the petitioners may kindly be allowed

with costs."

Having heard learned counsel for the petitioners and after

going through the material available on record, I do not find any

merits in this petition.

So far as the relief prayed for by the learned counsel for the

petitioners for issuing direction to restrain the husband of the

Sarpanch of the Gram Panchayat to act illegally is concerned, the

petitioners can very well approach to the concerned authorities for

the said relief.

The relief prayed for by the petitioners for restraining the

Gram Panchayat to construct a new Panchayat Bhawan and a

building of Community Centre at present location and to direct the

respondents to construct the said public utility buildings at a

particular place is also purely an administrative matter and the

same can also be dealt with by administrative authorities only.

Learned counsel for the petitioners informed that the

petitioners have already moved several representations before the

concerned authorities. In such circumstances, it is expected that

the concerned authorities shall deal with the representations of

the petitioners strictly in accordance with law.

With these observations, this writ petition is dismissed.

(VIJAY BISHNOI),J

25-mohit/-

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