Chena Ram vs State Of Rajasthan
2021 Latest Caselaw 10164 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6347/2021

1 Chena Ram S/o Shri Puna Ram, Aged About 71 Years, R/o Lorta Haridasota, Achalawatan, Tehsil Balesar, District Jodhpur, Rajasthan (At Present As Up- Sarpanch).

2 Chokha Ram S/o Shri Ganga Ram, Aged About 71 Years, R/o Kalani Ki Dhani, Lorta Haridasora, Achalawatan, Tehsil Balesar, District Jodhpur, Rajasthan.

3 Magnu Kanwar W/o Shri Mag Singh, Aged About 25 Years, R/o Lorta Haridasota, Tehsil Balesar, District Jodhpur, Rajasthan.

----Petitioners

Versus 1 State Of Rajasthan, Through Its Secretary And Commissioner, Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan. 2 District Collecor, Jodhpur, Rajasthan.

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

4 Sub Divisional Magistrate, Balesar, Tehsil Balesar, District Jodhpur, Rajasthan.

5 Sarpanch, Gram Panchayat Village Lorta Haridasota, Gram Panchayat Sekhala, Tehsil Balesar, District Jodhpur, Rajasthan.

6 Development Officer, Village Lorta Haridasota, Gram Panchayat Sekhala, Tehsil Balesar, Jodhpur, Rajasthan.

                                                             ----Respondents



For Petitioner(s)          :    Mr. Nikhil Jain
For Respondent(s)          :





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          HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

06/07/2021

This writ petition is filed on behalf of the petitioners with the

following prayers:

"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 may kindly be directed to consider and take action upon the representation of withdrawal of their consent taken by fraud (Annex.-2) and the grievance of the Petitioners regarding the construction of new Gram Panchayat Bhawan Gram Panchayat Village Lorta Haridasota.

B) By an appropriate writ, order or direction, the Respondent may kindly be directed to allow the petition to withdraw their consent for the proposal for construction of new Gram Panchayat Bhawan which was taken by fraud and appropriate action may kindly be taken.

C) By an appropriate writ, order or direction, the Respondent may kindly be directed to hold the meeting afresh for the new construction proposal of Gram Panchayat Bhawan Gram Panchayat Village Lorta Haridasota may kindly be directed to construct at land falling in Khasra no. 250, at Main Bus Stand, Bhomiyaji ka Than, on the Damar Road for Jodhpur to Ramdevra at Gram Panchayat Village Lorta Haridasota (Annex.-

06).

D) By an appropriate writ, order or direction, the Respondent Sarpanch may kindly be directed to provide all necessary documents/ proposals/

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financial sanction of new construction of the Gram Panchayat Bhawan Gram Panchayat Village Lorta Haridasota which is inside 3 Kms (approx.) from the main road which is near the present Sarpanch's house.

E) Any other appropriate order or relief which this Hon'ble Court may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble Petitioners.

F) Writ petition filed by the Petitioners may kindly be allowed with costs."

After attempting to argue the matter on merits for

quite some time on merits, learned counsel for the

petitioners has submitted that he does not want to press

this writ petition, however, seeks liberty for the petitioners

to move appropriate representation before District Collector,

Jodhpur ventilating their grievances regarding the

construction of Gram Panchayat Bhawan of Gram Panchayat

Lorta Haridasota, Panchayat Samiti Sekhala, Tehsil Balesar,

Distt. Jodhpur. It is prayed that a direction be issued to

decide the representation of the petitioners expeditiously.

In view of the above, this writ petition is dismissed as

not pressed, however, the petitioners are at liberty to file

representation ventilating their grievances regarding the

construction of Gram Panchayat Bhawan of Gram Panchayat

Village Lorta Haridasota, Panchayat Samiti Sekhala, Tehsil

Balesar, Distt. Jodhpur before the District Collector, Jodhpur.

If any writ petition is filed by the petitioners, it is expected

that District Collector, Jodhpur shall consider and decide the

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same strictly in accordance with law preferably within fifteen

days from the date of receipt of the said representation.

Stay application also stands dismissed.

(VIJAY BISHNOI),J

32-pratibha/-

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