Dismissed

Kirti Kanwar v. State of Rajasthan

Rajasthan HC17 Nov 2023CW/16535/2022

Case brief

AI extract

What is this about?

Direct Bench dismissed two writ petitions filed by residents of Samdari, Barmer, who sought to quash orders refusing fresh land allotment for constructing the Government Mahavidyalaya Samdari. The Court held that no interference is called for as the building construction was already completed using public funds and a related PIL on the same issue had been dismissed for non-payment of court costs.

What did the court decide?

The present writ petitions have been dismissed and all pending applications disposed of accordingly.

Kirti Kanwar Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2023)

¶1

[2023:RJ-JD:39418-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Civil Writ Petition No. 16535/2022

¶4

Kirti Kanwar D/o Ishvar Singh, Aged About 21 Years, Rajputon Ka Chhatrawas Ke Pas, Samdari Gaon, Barmer.

¶5

Manisha Choudhary D/o Achla Ram, Aged About 18 Years, Khimaniya Bera, Samdari Gaon, Barmer, Rajasthan.

¶6

Priyanka D/o Ganpat Singh, Aged About 20 Years, Kotri, Barmer, Rajasthan.

¶7

Durga Joshi D/o Madan Lal Joshi, Aged About 18 Years, 695, Ghanchiyo Ka Nyati Nohra, Railway Station Road, Samdari, Rajasthan.

¶8

Khushbu D/o Pukhraj, Aged About 22 Years, Balotra Road, Raiko Ka Goliya, Samdari Gaon, Barmer, Rajasthan.

¶9

Bhavna D/o Sukh Dev, Aged About 18 Years, Raiko Ka Goliya, Samdari Gaon, Barmer, Rajasthan.

¶10

Aarati Kumari D/o Purkha Ram, Aged About 22 Years, Rabariyo Ka Vas, Nimbeshwar Mawri, Maori, Barmer Rajasthan.

¶11

----Petitioners

¶12

Versus

¶13

State Of Rajasthan, Through Its Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶14

Deputy Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶15

Secretary, Higher Education, Department Of College Education, Government Of Rajasthan, Jaipur, Rajasthan.

¶16

Divisional Commissioner, Division, Jodhpur, Rajasthan. 5. District Collector, Barmer, Rajasthan. 6. Sub Division Officer, Siwana, Barmer, Rajasthan.

¶17

Project Director, Rajasthan Urban Drinking Water, Sewerage And Infrastructure Corporation, Jaipur, Rajasthan.

¶18

----Respondents

¶19

Connected With

¶20

D.B. Civil Writ Petition No. 16253/2022

¶21

Mahendra Mali S/o Hira Lal Mali, Aged About 19 Years, R/

¶22

(2 of 4)

¶23

[2023:RJ-JD:39418-DB]

¶24

[CW-16535/2022]

¶25

o 1222, Ward No. 06, Bera Nadiwala, Samdari, Barmer, Rajasthan.

¶26

Jethi Kumari D/o Chimna Ram, Aged About 20 Years, R/o Sewali, Barmer Rajasthan.

¶27

Khushboo Sain D/o Sharwan Kumar, Aged About 21 Years, R/o Near Cooperative Bank, Samdari Gaon, Barmer, Rajasthan.

¶28

Manisha D/o Kishore Kumar, Aged About 19 Years, R/o Ward No. 10, Pipli Chowk, Samdari, Barmer, Rajasthan.

¶29

Vimla D/o Lal Singh, Aged About 18 Years, R/o Purohito Ka Vas, Samdari, Barmer, Rajasthan.

¶30

Bhawani Singh S/o Shaitan Singh, Aged About 23 Years, R/o Adarsh Colony, Samdari, Barmer, Rajasthan.

¶31

Neetu D/o Ranchhoda Ram, Aged About 18 Years, R/o Vera Vag, Samdari Gaon, Barmer, Rajasthan.

¶32

----Petitioners

¶33

Versus

¶34

State Of Rajasthan, Through Its Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶35

Deputy Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶36

Secretary, Higher Education, Department Of College Education, Government Of Rajasthan, Jaipur, Rajasthan.

¶37

Divisional Commissioner, Division, Jodhpur Rajasthan. 5. District Collector, Barmer, Rajasthan. 6. Sub Division Officer, Siwana, Barmer, Rajasthan. 7. Project Director, Rajasthan Urban Drinking Water Sewerage And Infrastructure Corporation, Jaipur, Rajasthan.

¶38

----Respondents

¶39

For Petitioner(s)	: Mr. VLS Rajpurohit on VC
For Respondent(s)	: Mr. Sunil Beniwal, AAG
	Mr. Kailash Choudhar for Mr. Manish
	Vyas, AAG
	Mr. Sarvesh Jain on Vc

¶40

(3 of 4)

¶41

[2023:RJ-JD:39418-DB]

¶42

[CW-16535/2022]

¶43

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MS. JUSTICE REKHA BORANA

¶44

Order

¶45

17/11/2023

¶46

The present writ petitions have been preferred claiming the following reliefs :-

¶47

"A. That the impugned Order No. i . 12(3)(17)/ jkt /2021/8802 dated 28.10.2021 (Annexure-3) may kindly be quashed and set aside and the respondent may kindly be directed to allot a fresh land situated in Gram Panchayat, Samdari district Barmer for the purpose of construction of building of Government Mahavidyalaya Samdari, District Barmer.

¶48

B. That the impugned order dated 10.06.2022 (Annexure-7) may kindly be quashed and set aside and respondent m ay kindly be directed to issue fresh tender for the purpose of construction of Government Mahavidyalaya Samdari, District Barmer after the fresh allotment of land be issued by the competent authority for the purpose of construction of building of Government Mahavidyalaya Samdari, District Barmer.

¶49

C. Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the present case may kindly be passed in favour of the petitioner;

¶50

D. Costs of the writ petition may kindly be awarded to the petitioner."

¶51

Learned counsel for the petitioners submits that the petitioners had preferred the petitions in time as they wanted the fresh land to be allotted for the purpose of construction of building of Government Mahavidyalaya Samdari, District Barmer.

¶52

At the outset, Mr. Sunil Beniwal learned Additional Advocate General and Mr. Kailash Choudhary, learned assisting counsel to

¶53

[2023:RJ-JD:39418-DB]

¶54

[CW-16535/2022]

¶55

(4 of 4)

¶56

Mr. Manish Vyas, learned Additional Advocate General appearing on behalf of the respondents submit that the construction of building of Government Mahavidyalaya Samdari, District Barmer has already been completed and thus, no interference at this stage is called for.

¶57

This Court on examining the record while particularly taking into account the fact that funds from the public exchequer has been devoted to the construction of the building of Government Mahavidyalaya Samdari, District Barmer, which has already been completed and also keeping into consideration that another writ petition i.e. D.B. Civil Writ Petition (PIL) No.16223/2022 regarding the same issue has already been dismissed by this Division Bench of this Court on 13.12.2022 though on ground of non-deposition of pre-emptory cost, thus, no interference is called for in the present petitions.

¶58

Consequently, the present petitions are dismissed. All pending applications, if any, stand disposed of accordingly.

¶59

(REKHA BORANA),J

¶60

(DR.PUSHPENDRA SINGH BHATI), J

¶61

129-130-/sudheer//-

Kirti Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kirti Kanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Vaseem Vs State of Rajasthan

Dinesh Dahiya Vs Assistant Engineer, Phed

Chhitar Mal Vs Union of India

Ramesh Chandra Meena Vs the State of Rajasthan