Petition challenged the location of a school stadium fixed within the school premises. The Court dismissed the writ petition, holding that interference with an order justified by competent authorities is not called for as the project has commenced.
Writ petition, stay petition, and pending applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 2)
[CW-441/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 441/2021
Gram Panchayat Silwala Khurd, Panchayat Samiti Tibbi, District Hanumangarh, Through Its Sarpanch Vinod Kumar S/o Prithvi Ram Aged About 40 Years, Village Silwala Khurd, Tehsil Tibbi, Panchayat Samiti Tibbi, District Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Binja Ram For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/02/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
Learned counsel for the petitioner submits that the stadium in question is being located at a location different than what was decided by the competent authority at Village Silwala Khurd in Rajkiya Uchch Madhyamik Vidhyalaya, Silwala Khurd. Learned counsel for the petitioner fairly submits that earlier also a writ petition was filed bearing SBCWP No.4640/2020 in which this Court had directed the petitioner to move appropriate representation and the same was to be decided by the District Collector, Hanumangarh. Learned counsel for the petitioner further
(2 of 2)
[CW-441/2021]
submits that the matter was considered but the location continues to be the same which is not in the interest of the school children.
Learned AAG Mr.Sunil Beniwal appearing on instructions by this Court, however, submits that locating a stadium within the school premises this way or that way cannot become a bone of contention of the writ petition and the concerned authorities have taken a conscious decision and the work has already commenced and thus any interference made by this Court may be detrimental to the cause of the public project of making available a stadium to the school children by delaying the same.
After hearing learned counsel for the parties and perusing the record of the case, this Court is convinced that the order dated 18.12.2020 is justified and since the location of the stadium has been determined by the District Collector and the other Competent Authorities within the premises of the same school, therefore, changing it for no good reason by making any interference, is not called for.
Accordingly, the present writ petition, having no force, is hereby dismissed. Stay petition also stands dismissed.
All pending applications also stand dismissed.
(DR.PUSHPENDRA SINGH BHATI),J.
137-Jitender/S.phophaliya/-
3 issues framed by the court
Whether the High Court should interfere with the location of a school stadium determined by competent authorities.
Whether the delay in relocating the stadium justifies intervention in a public project.
Whether interfering with the current location would be detrimental to the school children.
Gram Panchayat Silwala Khurd
District Collector, Hanumangarh
Chief Executive Officer, Zila Parishad Hanumangarh
Sub Divisional Officer, Tibbi
Principal, Rajkiya Uchch Madhyamik Vidhyalaya, Silwala Khurd
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
