Dismissed

Bhagwan Singh v. State of Rajasthan

Rajasthan HC3 May 2019CW/4960/2019

Case brief

AI extract

What is this about?

Petitioners challenged the change of site for a Primary Health Center construction in Rajasthan, alleging political influence and violation of fundamental rights. The Court dismissed the writ petition as non-interference in policy decisions where funds were already expended and no material prejudice was evident.

What did the court decide?

The writ petition and stay petition were dismissed with no interference in the administrative decision to change the construction site.

Bhagwan Singh Vs State of Rajasthan — Public Procurement and Tenders | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4960/2019

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Bhagwan Singh S/o Shri Mukund Singh, Aged About 62 Years, By Caste Sikh, Resident Of Ward No. 11, Village Chistiyan 2-J.d.w., Tehsil And District Hanumangarh (Rajasthan).

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Lakhvinder Singh S/o Shri Gurcharan Singh, Aged About 54 Years, By Caste Sikh, Resident Of Chak 19 L.l.w., Tehsil And District Hanumangarh (Rajasthan).

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Gurpreet Singh S/o Shri Chagar Singh, Aged About 41 Years, By Caste Sikh, Resident Of Chak 18 L.l.w.-B, Hiranawali, Tehsil And District Hanumangarh (Rajasthan).

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Mahender Singh S/o Shri Pratap Singh, Aged About 63 Years, By Caste Sikh, Resident Of Ward No. 2, Jhandawali, Tehsil And District Hanumangarh (Rajasthan).

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Jaginder Singh S/o Shri Pratap Singh, Aged About 57 Years, By Caste Bawari Sikh, Resident Of Ward No. 2, Jhandawali, Tehsil And District Hanumangarh (Rajasthan).

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Harbhajan Singh S/o Shri Karnail Singh, Aged About 49 Years, By Caste Sikh, Resident Of Ward No. 13, Village Chistiyan, Tehsil And District Hanumangarh (Rajasthan).

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary, Medial And And Health Department, Government Secretariat, Swasthya Bhawan, Tilak Marg, Jaipur (Rajasthan).

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The Additional Chief Secretary, Department Of Medical And Health, Government Of Rajasthan Secretariat, Jaipur.

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The Principal Secretary, Planning Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Chief Engineer, Department Of Medical And Health, Government Of Rajasthan, Jaipur.

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The Executive Engineer, Department Of Medical And Health, Division Churu (Raj.).

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The Chief Medical And Health Officer, District Hanumangarh.

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The Assistant Engineer, Medical And Health Department, Divisional Hanumangarh.

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The Gram Panchayat Jandawali, Panchayat Samiti Hanumangarh, District Hanumangarh, Rajasthan.

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The District Collector, Hanumangarh.

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M/s Siddhu Construction Company, 19 Ml, Sri Ganganagar Through Its Proprietor.

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Mahendra Pal S/o Shri Roop Chand, Resident Of Dhanmandi, Hanumangarh Junction, Tehsil And District Hanumangarh (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Trilok Joshi

(2 of 5)

[CW-4960/2019]

For Respondent(s)

: Mr. Pankaj Sharma, AAG Mr. Rishabh Tayal for respondent No.8, 10 and 11

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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03/05/2019

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Petitioners have preferred this writ petition claiming the

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following reliefs :-

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“1. By an appropriate writ, order or direction, the impugned action of the respondents in changing the land for construction of new Primary Health Center from Chak 2 J.D.W. to Chak 4 J.D.W. on account of political influence may kindly be declared per se illegal, arbitrary and in clear violation of Articles 14, 19 and 21 of the Constitution of India.

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2. By an appropriate writ, order or direction, the respondent authorities may kindly be directed to construct the new building of Primary Health Center at the earlier proposed land i.e. Chak 2-JDW, Stone No.96/237(26), Killa No.16/0.253, 17/0.008, 24/0.008 and 25/0.237 total admeasuring 0.506 hectare agricultural land and all proceedings for construction of new building of Primary Health Center at 4-JDW, Stone No.91/238, Square No.37, Killa No.20/253, 21/127 total admeasuring 0.380 hectare may kindly be ordered to be stopped.”

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Brief facts of this case, as noticed by this Court, are that the Primary Health Center was proposed to be constructed by order dated 04.12.2017 at Chak 2-JDW, Stone No.96/237(26), in Killa No.16/0.253, 17/0.008, 24/0.008 and 25/0.237, which was in all 0.506 hectare, as surrendered and gifted by Balchand for the purpose of public welfare.

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(3 of 5)

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[CW-4960/2019]

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Learned counsel for the petitioner submits that upon change in Government, the Sarpanch of Gram Panchayat Jandawali being hand in glove with respondent no.11 a private contractor changed the resolution of Gram Panchayat with the recommendation to shift the site of Primary Health Center at 4- JDW, Stone No.91/238, Square No.37, Killa No.20/253, 21/127 total admeasuring 0.380 hectare land vide communication dated 21.02.2019.

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Learned counsel for the petitioner submits that such change was victimizing the present petitioners, who are resident of surrounding villagers and the earlier proposed site of Primary Health Center was situated at Center Point of villages Chak 2-JDW, Hirnawali, Chistiya, Jhorkinya, Jandawali, 19-LLW, Manuka etc.

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Learned counsel for the petitioner submits that the construction of the Primary Health Center has been raised to enhance the value of the plots planned by respondent No.11.

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Learned counsel for the petitioner further submits that the very purpose of Primary Health Center shall stand defeated, as the present place in question where the construction is going on, shall be away from much part of the population to which the Primary Health Center is supposed to serve.

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Learned counsel for the petitioner submits that after due deliberation and proper assessment, a larger land was available to the initial site proposed and thus, severe prejudice is being caused to the villagers surrounding the Primary Health Center in question.

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Learned counsel for the petitioner also submits that the parking facility and the other requirements could be better taken

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(4 of 5)

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[CW-4960/2019]

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care of in the larger chak of land, which was the earlier proposed site.

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Learned Additional Advocate General, who was summoned by this Court to take instructions has filed a reply and submits that the site in question is more feasible, as it is next to village Jandawali where the electricity connection and water supply shall be better provided.

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Learned Additional Advocate General further submits that a proper resolution has been passed by the Gram Panchayat and after looking into the situation that the present proposed site is better accessible to the population in question, therefore, it would not be proper to interfere in the policy decision.

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Learned Additional Advocate General further submits that Primary Health Center Jandawali, District Hanumangarh is already under construction and Rs.40,00,000/- have already been spent for the construction already made.

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Learned Additional Advocate General submits that the construction of Primary Health Center at the requisite site shall not prejudice anyone, as it would be better located and the difference between two sites regarding the size shall not affect the efficiency and the requirements of a Primary Health Center.

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After hearing learned counsel for the parties and perusing the record of the case, this Court finds that Primary Health Center which is the bone of contention between the first proposed site at Chak 2-JDW, Stone No.96/237(26), in Killa No.16/0.253, 17/0.008, 24/0.008 and 25/0.237, which was in all 0.506 hectare and the present site at 4-JDW, Stone No.91/238, Square No.37, Killa No.20/253, 21/127 total admeasuring 0.380 hectare is a dispute which ought not to be gone into by this Court

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(5 of 5)

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[CW-4960/2019]

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at this stage, when Rs.40,00,000/- has already been spent out of the precious public exchequer for the construction already made. The Primary Health Center is already under construction after adhering to due process of law. The change in place has happened as per the recommendation of the resolution of the Gram Panchayat and any personal prejudice attributed to the Sarpanch cannot be subject matter of this writ petition, as the Sarpanch is not a party in person in the present writ petition. Moreover, on the bare look at the map produced by the petitioner as Annexure-10, it does not look like that the change in site is likely to have much impact upon the distance of population surrounding the Primary Health Center. The Primary Health Center was sanctioned for village Jhandawali and is supposed to cater for surrounding villages and the present site is more near to village Jhandawali. 14. In light of aforesaid observation, no interference is called for in present writ petition, and the same is accordingly dismissed. Stay petition No.4872/2019 also stands dismissed.

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(DR. PUSHPENDRA SINGH BHATI),J

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162-Sudheer/-

Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagwan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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