Disposed

Gram Panchayat v. State Rural Devlop an Panchayatiors

Rajasthan HC20 Aug 2019CW/11418/2017

Case brief

AI extract

What is this about?

Court disposed of writ petition directing construction of Panchayat Bhawan and IT Centre on land allotted via order dated 5.8.2016, based on additional affidavit confirming resolution of site dispute.

What did the court decide?

Petition disposed; direction made to construct Panchayat Bhawan and I.T. Centre on land allotted under order dated 5.8.2016 as per approved plans.

Gram Panchayat Vs State Rural Devlop an… — Public Procurement and Tenders | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.11418/2017

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Gram Panchayat, Khedi, Panchayat Samiti, Bandikui, District Dausa Through Sarpanch Shri Kajod Mal M, Resident Of Village Post Khedi, Viya Bandikui, District Dausa

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----Petitioner

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Versus

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The State Of Rajasthan Through Its Secretary, Rural Development And Panchayati Raj Department, Secretariat, Jaipur.

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The District Collector, Dausa, District Dausa.

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The Chief Executive Officer, Zila Parishad, Dausa, District Dausa.

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The Block Development Officer, Panchayat Samiti, Bandikui, District Dausa

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M/s Poonam Construction, Dholi Gumati, Bandikui Through Its Proprietor / Partner.

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The Superintending Engineer, Rural Development And Panchayati Raj Department, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr.Madhav Mitra. For Respondent(s) : Mr.Rohil Bansal on behalf of Ms.Sheetal Mirdha, AAG. Mr.Arvind Kumar Sharma.

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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20/08/2019

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This petition has been filed with the following prayers:-

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“1. By issuing an appropriate writ, order or direction the respondent may kindly be directed to construct the Gram Panchayat Bhawan on the alternative land to which collector has granted accorded sanction;

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By issuing an appropriate writ, order or direction the construction raised in private land be demolished

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(2 of 3) [CW-11418/2017]

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and the respondents should ensure that the construction may be conducted as per the site plan/layout plan on the existing site;

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By issuing an appropriate writ, order or direction the respondents may kindly be directed to initiate disciplinary proceedings to initiate disciplinary proceeding on the erring officers;

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Any other appropriate order or directions which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may also be passed in favour of the humble petitioner.”

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On the matter coming up before this court on 06.08.2019,

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the court orders as under:-

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“This petition entails adjudication of dispute with regard to the construction of Panchayat Bhawan and I.T. centre at Gram Panchayat, Khedi. Pursuant to the direction of this Court an affidavit has been filed stating that the plinth of the Gram Panchayat Bhawan and I.T. centre was outside the land allotted for the purpose and intruded into the private land. However what steps have been taken now to rectify the situation and ensure the construction as per law has not been stated. And it goes without saying that the resolution of the dispute by this court with regard to the construction of the Gram Pachayat Bhawan and private land cannot be an end itself. A solution has to be found out of the imbroglio to ensure that the Gram Panchayat and IT centre at Gram Panchayat Khedi is built expeditiously for its obvious benefit to public interest.

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Let a plan for ensuring construction of the Panchayat Bhawan and IT centre in Gram Panchayat, Khedi be stated by the affidavit of the competent authority before the Court within 10 days from today.

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Put up on 20.8.2019.”

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Pursuant to the aforesaid order an additional affidavit of one Mohan Singh presently Block Development Officer, Gram Panchayat Khedi, Panchayat Samiti Bandikui District Dausa has been filed. In para 4 thereof it has been stated that it has now been decided that the construction of Panchayat Bhawan and I.T. Centre would be carried out at the site allotted on khasra no.360,

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(3 of 3)

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[CW-11418/2017]

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361, 362 and 454 and the construction would be done south facing towards the main road bearing dimensions of 100 x 60 fts.

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A perusal of the petition indicates that the land to which the reference has been made to in the affidavit of Mohan Singh—Block Development Officer, Gram Panchayat Kheri was allotted for the construction of Panchayat Bhawan and I.T. Centre by the Joint Secretary (Legal) vide order dated 5.8.2016. The financial sanction thereof was issued on 27.1.2016 by the Chief Executive Officer, Zila Parishad Dausa.

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Counsel for the petitioner submitted that this petition be disposed of accordingly in terms of the averment of Mohan Singh —Block Development Officer, Gram Panchayat Kheri aforesaid in the additional affidavit filed before this court in compliance with the order dated 5.8.2016.

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The said additional affidavit of Mohan Singh—Block Development Officer, Gram Panchayat Kheri referred to above pursuant to the court’s order dated 6.8.2019 submitted in the course of hearing of this petition is taken on record.

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The petition is accordingly disposed of.

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It is directed that the Panchayat Bhawan and I.T. Centre in village Kheri be constructed as per the approved plans on the land allotted under the order dated 5.8.2016.

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(ALOK SHARMA),J

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Karan Bhutani/531/6

Gram Panchayat v. State Rural Devlop an Panchayatiors

Case brief

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Gram Panchayat v. State Rural Devlop an Panchayatiors

Case brief

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