writ petition filed seeking direction to withdraw notification establishing new Gram Panchayat headquarters at Maganpur instead of Jaloond. court disposed of petition directing petitioners to raise objections before Collector.
writ petition disposed of; petitioners directed to file objections before District Collector.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No.13982/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Shivcharan Gupta
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
21/08/2019
This writ petition in the shape of public interest litigation has been filed by petitioners, inter alia, with prayer that respondents be directed to withdraw the notice dated 29.07.2019 and establish a new Gram Panchayat at village Jaloond consisting of group of villages, namely, Jaloond, Maganpur and Nada.
Mr. Shivcharan Gupta, learned counsel for petitioners, submitted that the District Collector, Sikar, initially issued a notice under Section 101 of the Rajasthan Panchayati Raj Act,
(2 of 3)
[CW-13982/2019]
1994 inviting objections on 27.09.2014. In that notice, village Jaloond was proposed to be the Headquarter of Gram Panchayat. According to learned counsel, no one objected to proposed Headquarter of Gram Panchayat at village Jaloond, however, subsequently, the new notification dated 29.07.2019 has been issued by the District Collector, Sikar now proposing village Maganpur as Headquarter of the Gram Panchayat of the villages, namely, Maganpur, Jaloond and Nada. Learned counsel invited attention of the court towards the revenue map (Annexure-6) contending that village Jaloond is in the center of all the villages and village Maganpur is on the outside border of the group of villages. Village Jaloond has got maximum population of three villages, namely, Maganpur, Adarsh Nagar and Nada. The population of village Jaloond as per the census of 2011 is 2040. It is located on the main road. It is Primary Health Centre, Post Office, Cooperative Societies Office, Retail Outlet Shops of the Government and Government Upper Primary School. There are transport facilities connecting the other villages and the same are very effective and convenient. There is sufficient Government building and vacant land at village Jaloond for establishment of the Headquarter of Gram Panchayat.
Heard learned counsel for petitioners and perused the material on record.
It is always open for the petitioners to move and submit their objections to the District Collector, Sikar. The District Collector, Sikar, shall consider and decide the same independently and objectively by a reasoned and speaking
(3 of 3)
[CW-13982/2019]
order within a period of four weeks, preferably before finalization of the said proposal.
The writ petition accordingly stands disposed of.
(NARENDRA SINGH DHADDHA),J
(MOHAMMAD RAFIQ),J
//Jaiman//61
2 issues framed by the court
Whether the writ petitioners are entitled to a direction to withdraw the Collector's notification changing the Gram Panchayat headquarters.
Whether the District Collector's discretion in finalizing the headquarters location is subject to immediate judicial intervention through public interest litigation.
1 provisions across 1 enactments
Boduram Kumawat
Shankar Singh Shekhawat
State of Rajasthan
Narendra Singh Dhaddha
Mohammad Rafiq
As recorded by the court registry
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