Manav Mangal Mihila Krishi ... vs State Of Rajasthan
2021 Latest Caselaw 9929 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7568/2021

Manav Mangal Mihila Krishi Mahavidhyalay, Sangaria, District Hanumangarh Running By Society Of Manav Mangal Sansthan, Sangaria, District Hanumangarh (Raj.) Through Secretary Rajeev Siaag S/o Rakesh Kumar Siaag, Aged 57 Years, Resident Of Ward No.2, Choutala Road, Sangaria District Hanumangarh (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Agriculture Department, Secretariat, Jaipur.

2. Additional Principal Secretary, Agriculture Department, Secretariat, Jaipur.

3. Commissioner, College Education Rajasthan, Jaipur.

4. Swami Keshwanand Rajasthan Agriculture University Bikaner, Through Its Vice Chancellor.

                                                                    ----Respondents


For Petitioner(s)            :     Ms. Swati Shekhar (through VC)
For Respondent(s)            :



               HON'BLE MR. JUSTICE VIJAY BISHNOI

                             Judgment / Order

01/07/2021

This writ petition has been filed by the petitioner being

aggrieved with the order dated 29.04.2008 whereby, the

temporary no objection certificate issued by the Commissionarate

College Education to start a new college has been revoked.

Vide order dated 12.06.2007, the petitioner was granted

temporary no objection certificate for a period of one year to start

a college on certain conditions. On 29.04.2008, the said

temporary no objection certificate was revoked on the ground that

(2 of 3) [CW-7568/2021]

a committee has reported that the petitioner-institution has failed

to establish infrastructure and several other faciilities necessary

for a college and, therefore, the temporary no objection certificate

is withdrawn.

Learned counsel for the petitioner has submitted that the

respondents have given temporary no objection certificate to

various insitutions on the similar terms and later on the same

were withdrawing, however, those colleges have challenged the

same before this Court and the writ petitions were disposed of

with the direction to the respondents to decide the representations

of those insitutions in view of Division Bench judgment of this

Court in D.B. Special Appeal Writ No. 1226/2017 (State of

Rajasthan Vs. Ram Swaroop Agarwal Education and Research

Society). It is submitted that similar directions may be issued in

favour of the petitioner-institution.

Having heard learned counsel for the petitioner and after

going through the material available on record, I am of the opinion

that no such relief as prayed for by the petitioner-instituion can be

granted.

It is noticed that temporary no objection certificate was

issued in favour of the petitioner-institution on 12.06.2007,

however, the same was revoked by the respondents on

29.04.2008 and for good more than thirteen years, the petitioner

has not challenged the said order before any forum and for the

first time, this writ petition was presented before this Court on

31.05.2021. It appears that the writ petitions, in which, direction

was issued to consider the representation, have approached this

court immediately after revokation of temporary no objection

certificate whereas, in this case, the petitioner has not approached

(3 of 3) [CW-7568/2021]

this Court immediately and filed this writ petition after a delay of

more than thirteen years, which has not been explained in any

manner, hence, I am not inclined to entertain this writ petition

solely on the ground of delay.

Resultantly, this writ petition is dismissed.

Stay petition also stands dismissed.

(VIJAY BISHNOI),J

Surabhii/48-

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