Dismissed

Bhujpal Singh Chouhan v. State of Rajasthan

Rajasthan HC1 May 2023CW/11541/2022

Case brief

AI extract

What is this about?

This order disposed of an application to vacate an ex-parte interim order in a writ petition concerning the construction of shops on Gram Panchayat land by the Panchayat Samiti. The court held that since the construction was done with the Gram Panchayat's request and following legal procedure, the writ petition was dismissed. The court directed the handover of shops upon completion.

What did the court decide?

The writ petition was dismissed and the Panchayat Samiti was directed to hand over the shops to the Gram Panchayat after construction is completed.

Bhujpal Singh Chouhan Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

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[2023/RJJD/012827]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 11541/2022

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Bhujpal Singh Chouhan S/o Shri Suryabhan Singh, Aged About 44 Years, By Caste Rajput, R/o Village Kulmiya, Gram Panchayat Bambori, Tehsil Chhoti Sadri, District Pratapgarh, Rajasthan.

¶5

Deepak Kumar Mundra S/o Shri Radhey Shyam Mundra, Aged About 40 Years, By Caste Mahajan, R/o Village And Gram Panchayat Bambori, Tehsil Chhoti Sadri, District Pratapgarh, Rajasthan.

¶6

Gopal Lal S/o Shri Mitthu Lal, Aged About 61 Years, By Caste Janwa, R/o Village And Gram Panchayat Bambori, Tehsil Chhoti Sadri, District Pratapgarh, Rajasthan.

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----Petitioners

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Versus

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

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The Chief Executive Officer, Zila Parishad Pratapgarh, District Pratapgarh, Rajasthan.

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The Block Development Officer, Panchayat Samiti Chhoti Sadri, District Pratapgarh, Rajasthan.

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Sapna Meena, Pradhan, Panchayat Samiti Chhoti Sadri, District Pratapgarh, Rajasthan.

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----Respondents

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For Petitioners : Mr. Manish Patel
For Respondent Nos.1 to 3 : Mr. Sunil Beniwal, AAG with Mr. Piyush Bhandari
For Respondent No.4 : Mr. Rishabh Purohit for Mr. B.S. Sandhu

(2 of 5)

[2023/RJJD/012827]

[CW-11541/2022]

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order

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01/05/2023

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The matter comes up for consideration of the application (IA No.1/2023) filed on behalf of the respondent-State under Article 226(3) of the Constitution of India for vacating the ex-parte interim order dated 18.08.2022.

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With the consent of learned counsel for the parties, the matter is heard finally today itself, hence, the application (IA No.1/2023) is disposed of. 3. This writ petition has been filed by the petitioners claiming that they have filed this writ petition in public interest. 4. The main grievance raised by the petitioners in this writ petition is to the effect that the respondent - Panchayat Samiti, Chhoti Sadri, District Pratapgarh, particularly its Pradhan i.e. respondent No.4 is illegally raising construction over the land belonging to the Gram Panchayat, Bambori, Panchayat Samiti, Chhoti Sadri, District Pratapgarh.

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It is contended by the petitioners that the Panchayat Samiti, Chhoti Sadri, without obtaining consent of the Gram Panchayat, Bambori, is constructing shops over the land of the Gram Panchayat, Bambori and that too without following the procedure laid down under the law.

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It is also contended that the respondent No.4 – Pradhan of the Panchayat Samiti, Chhoti Sadri is getting the shops constructed for her own benefit and not for the benefit of the residents of the Gram Panchayat, Bambori.

(3 of 5)

[2023/RJJD/012827]

[CW-11541/2022]

Pursuant to the notice issued by this Court, respondent-State and other respondents have filed their replies to the writ petition, wherein it is urged that the construction of the shops is being carried out by the Panchayat Samiti, Chhoti Sadri out of the funds given by the State Government.

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It is specifically stated by the respondent-State that the Panchayat Samiti, Chhoti Sadri is constructing shops over the land belonging to the Gram Panchayat, Bambori as per the request made by the Sarpanch of Gram Panchayat, Bambori vide letter dated 27.01.2022. It is contended that the Panchayat Samiti, Chhoti Sadri in its General Meeting dated 07.02.2022 passed a resolution for constructing shops at Gram Panchayat, Bambori near Durga Chowk and a sum of Rs.10,00,000/- has been sanctioned for the same. It is contended that as per the said resolution, administrative and financial sanctions were granted by the competent authority and thereafter construction of the shops in question was started.

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It is also stated by the respondent-State in its reply that earlier also a writ petition being S.B. Civil Writ Petition No.9573/2022 (Chandan Singh panwar & Ors. Vs. State of Rajasthan & Ors.) was filed before a Single Bench of this Court by some of the residents of Gram Panchayat, Bambori, however, the said writ petition was dismissed vide order dated 15.07.2022 as not pressed with liberty to move appropriate representation before the District Collector, Pratapgarh.

¶30

It is also stated by the respondent-State in its reply that thereafter some of the residents of Gram Panchayat, Bambori filed

(4 of 5)

[2023/RJJD/012827]

[CW-11541/2022]

a civil suit being E.D. Case No.15/2022 (Shyam Sundar & Ors. Vs. State of Rajasthan & Ors.) before the Senior Civil Judge Chhoti Sadari, District Pratapgarh, which came to be rejected vide order dated 04.08.2022 on an application under Order VII Rule 11 read with Section 151 of CPC filed on behalf of the State as well as the Panchayat Samiti, Chhoti Sadari.

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Pursuant to the direction given by this Court on 07.02.2023, an additional affidavit has been filed on behalf of respondent-State, wherein it is clarified that before starting the construction of shops in question, strict compliance of Rajasthan Panchayati Raj Act, 1994 as well as Rajasthan Panchayati Raj Rules, 1996 has been made by the Pancyayat Samiti, Chhoti Sadri. It is submitted that after inviting tenders from the interesting parties, work order was issued to one of the firm for supplying construction material and after receiving the same, the construction work was done by the labours of MGNREGA.

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Mr. Sunil Beniwal, learned AAG appearing on behalf of respondent-State has submitted that the allegation of the petitioners that shops in question, which are under construction, would be used by the respondent No.4–Pradhan of Panchayat Samiti, Chhoti Sadri is without any basis. It is submitted that after construction of the shops in question, the same will be handed over to the Gram Panchayat, Bambori. It is also submitted that with the construction of the shops in question, the Gram Panchayat, Bambori will be able to increase its revenue by letting out the said shops as per the procedure laid down under the law.

(5 of 5)

[2023/RJJD/012827]

[CW-11541/2022]

Reply to the additional affidavit has also been filed on behalf of the petitioners.

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Having heard learned counsel for the parties and after perusing the material available on record, we are of the opinion that when the Gram Panchayat, Bambori itself has requested the Panchayat Samiti, Chhoti Sadri to construct the shops in question for the purpose of increasing its revenue and when the Panchayat Samiti, Chhoti Sadri is constructing the shops in question after following the due procedure of law, we don’t find any reason to interfere in this writ petition.

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Mr. Manish Patel, learned counsel for the petitioners, at this stage, has raised a grievance that due to construction of the shops in question, the public way would be obstructed. However, from the photographs produced before this Court, it is clear that sufficient space is available for the public way in front of the shops in question.

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In view of the above, this writ petition is dismissed. However, it is ordered that after completion of construction of the shops in question, the Panchayat Samiti, Chhoti Sadri will immediately hand over the newly constructed shops to the Gram Panchayat, Bambori, which in turn will let out the said shops after following the procedure laid down under the law.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.41

Bhujpal Singh Chouhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhujpal Singh Chouhan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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