Dismissed

Om Prakash Godara v. the State of Rajasthan

Rajasthan HC2 May 2023CW/5116/2023

Case brief

AI extract

What is this about?

The High Court, on a writ petition seeking directions to construct a new road via specific villages instead of widening an existing one, held that road planning is within the State Government's discretion. The petition was disposed of as withdrawn with liberty to approach authorities.

What did the court decide?

The writ petition is dismissed as withdrawn. Petitioners granted liberty to submit a representation for road construction.

Om Prakash Godara Vs the State of Rajasthan — Specific Performance | Rajasthan HC (2023)

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[2023/RJJD/012945]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 5116/2023

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Om Prakash Godara S/o Sajan Ram, Aged About 50 Years, By Caste Godara Bishnoi, Resident Of Village Hanuman Nagar, District Jodhpur (Rajasthan).

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Anopa Ram S/o Purkha Ram, Aged About 40 Years, By Caste Meghwal, Resident Of Village Aau, District Jodhpur (Rajasthan).

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Kana Ram S/o Bhinya Ram, Aged About 62 Years, By Caste Janwar Bishnoi, Resident Of Village Kalirana Nagar, District Jodhpur (Rajasthan).

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Banshi Lal S/o Suvta Ram, Aged About 62 Years, By Caste Sen, Resident Of Village Umaid Nagar, District Jodhpur (Rajasthan).

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----Petitioners

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Versus

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The State Of Rajasthan, Through The Principal Secretary To The Government, Public Works Department, Government Of Rajasthan, Secretariat, Jaipur.

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The District Collector, Jodhpur (Rajasthan).

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The Sub Division Officer, Phalodi, District Jodhpur.

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The Sub Division Officer, Lohawat, District Jodhpur.

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The Tehsildar (Revenue), Ghantiyali, District Jodhpur (Rajasthan).

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The Tehsildar (Revenue), Aau, District Jodhpur (Rajasthan).

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The Chief Engineer, Public Works Department, Government Of Rajasthan, Jaipur.

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Additional Chief Engineer, P.W.D. Circle, Jodhpur.

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The Executive Engineer, Public Works Department, District Division, Phalodi, District Jodhpur.

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M/s Bohra Construction Company, Sita Kutir, Behind Court, Phalodi, Jodhpur Through Its Proprietor.

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----Respondents

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For Petitioner(s) : Mr. Laxman Singh Jodha For Respondent(s) : Mr. K.S. Rajpurohit, AAG with Mr. Lucky Singh

(2 of 4)

[2023/RJJD/012945]

[CW-5116/2023]

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

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Order

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02/05/2023

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This writ petition has been filed by the petitioners with a prayer to issue a direction to the respondent authorities to construct the road from Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla and Kukno Ki Dhani instead of widening the existing road from Bhojasar to Ghantiyali . It is also prayed that the respondent authorities may kindly be directed to construct the road from Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla and Kukno Ki Dhani in the interest of public at large.

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Learned counsel for the petitioners has claimed that the existing road from Bhojasar to Ghantiyali is in good shape, having enough width and, therefore, there is no requirement of widening the same, which is at present undertaken by the respondent authorities.

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Learned counsel for the petitioners has submitted that at present the gravel road is existing from Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla, Kukno Ki Dhani and now in the interest of public at large, this road is required to be developed instead of widening the existing road leading from Bhojasar to Ghantiyali , therefore, the respondent authorities be directed to construct the road from Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla and Kukno Ki Dhani.

(3 of 4)

[2023/RJJD/012945]

[CW-5116/2023]

Having heard learned counsel for the petitioners and after perusing the averments made in the present writ petition, we are of the opinion that it is prerogative of the State Government to construct or develop or repair any existing road as per the local needs and in large public interest and the authorities concerned are the best persons to judge about the requirement of developing or widening the existing road.

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The petitioners may have a genuine demand of construction of a better road between Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla and Kukno Ki Dhani but for that reason the respondent authorities cannot be restrained from widening an existing road, which has essentially been prayed by the petitioners in this writ petition.

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At this stage, learned counsel for the petitioners has submitted that he wants to withdraw this writ petition, however, seeks liberty for the petitioners to approach the respondent authorities for redressal of their grievance particularly for construction of better road between Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla and Kukno Ki Dhani .

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In view of the above, this writ petition is dismissed as withdrawn with liberty to the petitioners to move appropriate representation before the concerned authority with the demand of construction of better road or up-gradation of gravel road situated between Aau to Ghantiyali via Hanuman Nagar, Kalirana Nagar, Umaid Nagar, Nokhda Charnan, Jaisla and Kukno Ki Dhani .

(4 of 4)

[2023/RJJD/012945]

[CW-5116/2023]

However, if any such representation is filed by the

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petitioners, it is expected that the concerned authority shall consider the same objectively.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.5

Om Prakash Godara v. the State of Rajasthan

Case brief

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Om Prakash Godara v. the State of Rajasthan

Case brief

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