Allowed

Suresh Chand v. State of Rajasthan

Rajasthan HC26 Oct 2021CW/270/2020

Case brief

AI extract

What is this about?

In this PIL regarding construction of public toilets, the High Court set aside the BDO's order stopping construction. The Court directed completion of the facility and ordered the Panchayat to remove any encroachment preventing public access after following due process.

What did the court decide?

The impugned order staying construction is set aside; the Panchayat is directed to complete the toilets and remove encroachments preventing public access.

Suresh Chand Vs State of Rajasthan — Public Procurement and Tenders | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 270/2020

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Suresh Chand S/o Shri Gulab Chand, Aged About 40 Years, By Caste Prajapat, Resident Of Ward No. 8, Near Maheshwari Bhawan, Thanvla, Tehsil Riyan Badi, District Nagaur.

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Nemi Chand Sen S/o Shri Sohan Lal Sen, Aged About 37 Years, Resident Of Ward No. 11, Near Vardhman School, Thanvla, Tehsil Riyan Badi, District Nagaur.

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----Petitioners

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Versus

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State Of Rajasthan, Through District Collector, Nagaur.

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Chief Executive Officer, Zila Parishad, Nagaur.

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Block Development Officer, Panchayat Samiti Riyan Badi, District Nagaur.

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Gram Panchayat Thanvla, Panchayat Samiti Riyan Badi, District Nagaur Through Its Secretary.

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Sarpanch, Gram Panchayat Thanvla, Panchayat Samiti Riyan Badi, District Nagaur.

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Onkar Das Vaishnav S/o Shri Kishan Das Vaishnav, By Caste Vaishnav, Resident Of Village Thanvla, Tehsil Riyan Badi, District Nagaur.

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Gordhan Ram S/o Shri Ramswaroop, By Caste Mali, Resident Of Village Thanvla, Tehsil Riyan Badi, District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. R.S. Chodhary. For Respondent(s) : Mr. Sunil Beniwal, AAG. Mr. Hargovind Chanda. Mr. Deepak Bora.

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

(2 of 3)

[CW-270/2020]

Order

26/10/2021

In this public interest litigation, the petitioners have challenged the order dated 06.11.2019 passed by the Block Development Officer, Panchayat Samiti Riyan Badi, District Nagaur. In short, the controversy revolves around construction of public toilets in the village Thanvla. It is undisputed that after following due procedure, the land for that purpose was earmarked and construction had also commenced. When the construction had reached almost completion stage, the BDO passed the impugned order staying further construction.

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It appears that the respondent No.6 & 7 have put their cabins in front of the partially constructed public toilets. Learned counsel for the respondents stated that respondent No.7 has already removed his cabin and the cabin of respondent No.6 does not obstruct the access to the public toilets.

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Learned counsel for the Panchayat also supported the petitioners and stated that the Panchayat is also desirous that construction of public toilets be completed and use thereof may be permitted to the general public.

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Mr. Sunil Beniwal, learned Additional Advocate General, appears on behalf of the Panchayati Raj Department and submitted that the authorities will carry out the directions that Court may issue.

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When the construction of public toilets had commenced, we do not see any reason to stop the construction. Let construction be completed and the toilets be commissioned for public use. The impugned order dated 06.11.2019 is, therefore, set aside. If there is any encroachment in front of or around the public toilets

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(3 of 3)

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[CW-270/2020]

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which would prevent the general public from accessing or any use of the facility, the Panchayat shall take immediate steps to remove such encroachment or obstruction, after following due process of law.

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The petition is disposed of accordingly.

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(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

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42-a.asopa/-

Suresh Chand v. State of Rajasthan

Case brief

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Suresh Chand v. State of Rajasthan

Case brief

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