Shree Kheteshwar Gosevasharm vs State And Ors
2022 Latest Caselaw 8342 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 4672/2018

Shree Dhanwantri Gosevasharm Pathmeda, Tehsil- Sanchore, District- Jalore Through Authorized Person, By Caste Modi, R/o Village- Sanchor, Tehsil- Sanchor, Dist.- Jalore Raj.

----Petitioner

Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 4454/2018 Shree Thakur Gosevasharm Paldi, Tehsil- Sanchor, District- Jalore Through Authorized Person Heera Ram S/o Ravta Ji By Caste Purohit, Aged About 68 Years, R/o Village- Paldi, Tehsil- Sanchore, Dist.- Jalore Raj..

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

.....Respondents (3) S.B. Civil Writ Petition No. 4461/2018 Shree Laxmi Narayan Gosevasharm Pratappura, Tehsil- Sanchore, District- Jalore Through Authorized Person Bhagwan S/o Hardaram Ji, By Caste Purohit, Aged About 51 Years, R/o Vill. Sanchor, Tehsil- Sanchore, Dist.- Jalore Raj..

                                                                     ----Petitioner
                                     Versus



                                            (2 of 10)                 [CW-4672/2018]

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (4) S.B. Civil Writ Petition No. 4462/2018 Shree Rajshree Dileep Gosevasharm Rajshreewan, Virol, Tehsil- Sanchor, District- Jalore Through Authorized Person Chandan Singh S/o Mal Singh, By Caste Rajput, Aged About 68 Years, R/o Virol, Tehsil Sanchor, Dist.- Jalore Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (5) S.B. Civil Writ Petition No. 4465/2018 Shree Gopal Goverdhan Goshala Pathmeda, Tehsil- Sanchore, District- Jalore Through Authorized Person Kesha Ram S/o Laxmana Ram, By Caste Suthar, Aged About 61 Years, R/o Village- Sidheswar, Tehsil- Sanchore, Dist.- Jalore Raj..

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (6) S.B. Civil Writ Petition No. 4466/2018 Shree Guru Dattatrey Goshala Kerli Nadi, Dhanol, Tehsil- Raniwada, District- Jalore Through Authorized Person Bhikharam

(3 of 10) [CW-4672/2018]

S/o Mularam Ji, By Caste Choudhary, Aged About 65 Years, R/o Dhanol, Tehsil- Raniwada, Dist.- Jalore Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Diaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department.

Government Of Rajasthan, Jalore.

----Respondents (7) S.B. Civil Writ Petition No. 4585/2018 Shree Bhrigurishi Gosevasharm Pathmeda, Tehsil- Sanchore, District Jalore Through Authorized Person Mularam S/o Shri Harji Ram, By Caste Purohit, Aged About 70 Years, R/o Village- Revdar, Tehsil- Revdar, Dist.- Sirohi. Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department.

Government Of Rajasthan, Jalore.

----Respondents (8) S.B. Civil Writ Petition No. 4586/2018 Shree Surbhi Gosevashram Pathmeda, Tehsil- Sanchore, District Jalore Through Authorised Person Raghunath Singh S/o Parbat Singh, Aged About 53 Years, R/o Village- Dhamsin, Tehsil- Raniwada, Dist.- Jalore Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department.

Government Of Rajasthan, Jalore.

                                            (4 of 10)                    [CW-4672/2018]


                                                                    ----Respondents

(9) S.B. Civil Writ Petition No. 4587/2018 Shree Kamdhenu Gosevasharm Pathmeda, Tehsil- Sanchore, District- Jalore Through Authorized Person Hari Singh S/o Shivnath Singh, By Caste Rao, Aged About 50 Years, R/o Village- Butdi, Tehsil- Revdar, Dist. Sirohi Raj..

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (10) S.B. Civil Writ Petition No. 4588/2018 Shree Kheteshwar Gosevasharm Ashapurawan, Khirodi, Tehsil- Sanchor, District- Jalore Through Authorized Person Motaji S/o. Jairupaji By Caste Purohit, Aged About 46 Years, R/o Village- Khirodi, Tehsil- Chitalwana, Dist. Jalore Raj..

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (11) S.B. Civil Writ Petition No. 4589/2018 Shree Sanatan Gosevashram Pathmeda, Tehsil- Sanchore, District Jalore Through Authorized Person Kesaram S/o Laxmana Ram, By Caste Suthar, Aged About 61 Years, R/o Village- Sidheswar, Tehsil- Sanchore, Dist.- Jalore Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of

(5 of 10) [CW-4672/2018]

Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department.

Government Of Rajasthan, Jalore.

----Respondents (12) S.B. Civil Writ Petition No. 4671/2018 Shree Bharat Mata Gosevasharm Pathmeda, Tehsil- Sanchore, District Jalore Through Authorized Person Hari Singh S/o Ravat Singh, By Caste Rajput, Aged About 60 Years, R/o Village- Kesua, Tehsil- Revdar, Dist.- Sirohi Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department.

Government Of Rajasthan, Jalore.

----Respondents (13) S.B. Civil Writ Petition No. 4903/2018 Shree Murlidhar Gosevasharm Pathmeda, Tehsil- Sanchore, District- Jalore Through Authorized Person Heera Lal S/o Kastur Ram Ji, By Caste Purohit, Aged About 67 Years, R/o Village- Datrai, Tehsil- Revdar, District- Sirohi Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department.

Government Of Rajasthan, Jalore.

----Respondents (14) S.B. Civil Writ Petition No. 4904/2018 Shree Dattatrey Gosevasharam Pathmeda, Tehsil- Sanchore, District- Jalore Through Authorized Person Divya Nand Ji S/o Ramji Ram, By Caste Rajpurohit, Aged About 28 Years, R/o Village- Bichawadi, Tehsil- Sanchore, Dist.- Jalore Raj..

                                            (6 of 10)                 [CW-4672/2018]


                                                                     ----Petitioner
                                     Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (15) S.B. Civil Writ Petition No. 4910/2018 Shree Dhanukeshawar Gosevasharm Pathmeda, Tehsil- Sanchore, District Jalore Through Authorized Person Kastur Bhai S/o Bhanu Bhai, By Caste Joshi, Aged About 71 Years, R/o Dhamana, Tehsil - Sanchor, Dist.- Jalore. Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

----Respondents (16) S.B. Civil Writ Petition No. 4912/2018 Shree Mahaveer Hanuman Govansh And Paryawaran Sanrakshan Savardhan Goshala Ashram Golasan, Tehsil-, R/o Chitalwana Tehsil- Chitalwana, Dist.- Jalore Raj.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Disaster Management And Relief Department, Government Of Rajasthan, Jaipur.

2. The District Collector, Jalore.

3. The Joint Director, Animal Husbandry Department, Government Of Rajasthan, Jalore.

                                                                  ----Respondents





                                          (7 of 10)              [CW-4672/2018]




For Petitioner(s)        :     Mr. Jhamak Nagda with
                               Mr. Manish Bhunwal for
                               Mr. Saajan Singh
For Respondent(s)        :     Mr. Salman Agha for
                               Mr. A. K. Gaur, AAG



                    JUSTICE DINESH MEHTA

                                    Order

28/06/2022

1. As all the captioned petitions involve common questions of

facts and law, they are being decided by the instant common

order. However, for the purpose of clarity and brevity, the facts

from SB Civil Writ Petition No.4672/2018 : Shree Dhanwantri

Gosevasharma Pathmeda Vs. State of Rajasthan & Ors. are being

taken into consideration.

2. The petitioner - Society is operating a 'Gaushala' and is

having a registration certificate issued under Section 5 of

Rajasthan Gaushala Act, 1960.

3. The Central Government has allocated a fund known as State

Drought Relief Fund. For the purpose of granting subsidy/support

the State Government issued detailed guideline dated 01.05.2017

for allowing relief fund to various Gaushalas.

4. Pursuant to the Order No.4804-29 dated 01.05.2017

(hereinafter referred to as the 'guidelines dated 01.05.2017'), the

petitioner - society applied for grant of subsidy.

5. Petitioner's request for grant of subsidy has been turned

down by the State Government per-viam order dated 09.11.2017

inter alia observing that the petitioner has purchased the cattle

feed from M/s B. M. Cattle Feed & Agro Products, Jobner,

(8 of 10) [CW-4672/2018]

Jhotwara, Jaipur and, therefore, is not entitled for the subsidy for

the cattle feed purchased.

6. Mr. Nagda argued that the concerned scheme that the

Central Government and State have promulgated are welfare

scheme and hence, petitioner's rights cannot be denied on a

hypertechnical ground that the cattle feed was purchased from a

private seller - M/s B. M. Cattle Feed & Agro Products, Jobner,

Jhotwara, Jaipur.

7. Learned counsel invited Court's attention towards dealer

certificate (Annex.4) and submitted that said seller M/s B. M.

Cattle Feed & Agro Products, Jobner, Jhotwara, Jaipur is a

registered and authorised dealer of cattle feed produced by

Rajasthan State Cooperative Marking Federation Limited,

commonly known as RAJFED .

8. Learned counsel asserted that the cattle feed, which the

petitioner had procured, though has been procured from private

entrepreneur namely M/s B. M. Cattle Feed & Agro Products,

Jobner, Jhotwara, Jaipur, but the said private entity is an

authorised dealer of RAJFED itself and the cattle feed procured

was manufactured by RAJFED and, therefore, the petitioner

cannot be denied benefits of the subsidy.

9. Mr. Agha, learned counsel for the State, on the other hand,

submitted that the petitioners' rights are to be governed by the

guidelines issued by the State Government and merely because an

ameliorative scheme has been promulgated by the State,

petitioners cannot claim benefits, unless their cases fall squarely

within the framework of the guidelines and they fulfil the requisite

conditions enumerated therein.

(9 of 10) [CW-4672/2018]

10. While relying upon a Division Bench judgment of this Court

in the case of Shri Radha Krishan Goshala & Ors. Vs. State of

Rajasthan & Ors. : DB Civil Writ Petition (PIL) No.902/20216

dated 04.07.2019, learned counsel for the respondents submitted

that it is a policy decision of the State to frame schemes according

to the needs of the society and the Court cannot direct the State

to grant subsidy to 'Gaushala', even if the 'Gaushala; does not

comply with the conditions of the scheme/guidelines.

11. Mr. Agha further argued that the petitioners - Societies have

less than 200 cattle and, therefore, are not entitled for the

benefits of guideline dated 01.05.2017.

12. Heard learned counsel for the parties and perused the

material available on record.

13. A perusal of the impugned order reveals that petitioners

have been denied subsidy by the State Government in light of

Condition No.10 (2) of the guidelines dated 01.05.2017.

14. Before proceeding further in the matter, it would be apt to

reproduce the above referred condition of the guidelines dated

01.05.2017 :

"10- i'kq vkgkj & ¼1½ ------------------------ ¼2½ vkj-lh-Mh-,[email protected] }kjk fufeZr vFkok [email protected] vkjlhMh ,Q }kjk Ø; dj vkiwfrZ fd;k x;k i'kq vkgkj miyC/k djk;s tkus ij gh jkgr lgk;rk ns; gksxhA"

15. A simple look at the above quoted condition of the guidelines

shows that the policy in unambiguous terms provides that the

subsidy/concession shall be payable only in cases where the

cattle feed which has ben purchased by a 'Gaushala' was

manufactured by RCDF/RAJFED or the same has been purchased

by and then supplied by RCDF/RAJFED.

(10 of 10) [CW-4672/2018]

16. As per the dealership certificate (Annex.4), it is clear that

M/s B. M. Cattle Feed & Agro Products, Jobner, Jhotwara, Jaipur is

an appointed dealer of RAJFED.

17. Since the petitioner(s) have purchased the cattle feed from

M/s. B. M. Cattle Feed & Agro Products - an authorised dealer of

RAJFED, Condition No.10 (2) stands duly complied with. Impugned

order is thus, a clear misreading of the condition in question.

18. So far as argument of learned counsel for the respondent

that number of cattle being less than 200, would disentitle

petitioners' claim under the scheme is concerned; such reason

does not form part of the impugned order.

19. The writ petitions are thus, allowed.

20. The State Government is directed to consider petitioners'

application(s) afresh and grant subsidy in accordance with law, if

they are otherwise eligible/entitled.

21. It will be open for the State to enquire that the cattle feed,

which the petitioners had purportedly procured from the said M/s

B. M. Cattle Feed & Agro Products, Jobner, Jhotwara, Jaipur, was

either manufactured or procured and then supplied by RAJFED.

22. Stay applications too stand disposed of accordingly.

(DINESH MEHTA),J 73-A.Arora/-

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