A contempt petition alleging non-compliance with previous directions to allot land for a school on previously surrendered land was disposed of as no case of willful disobedience was made out.
petition dismissed, notices discharged, no further order required.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 1046/2022
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. R. S. Choudhary For Respondent(s) : Mr. Sunil Beniwal, AAG assisted by Mr. Saransh Vij
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order
05/12/2023
This contempt petition has been filed by the petitioners alleging that the order passed by this Court on 07.04.2022 in DB Civil Writ Petition No.12281/2021 has not been complied with.
The petitioners have filed a writ petition in the nature of Public Interest Litigation before this Court alleging that the District Collector, Churu has illegally allotted 0.3161 Hectare (1 Bigha 5
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Biswas) of the land for the purpose of construction of school building in Khasra No.1024/940 of Village Bhalau, Tibba, Tehsil Tara Nagar, District Churu, which was surrendered by a private person.
It is contended before this Court that a chunk of land was allotted for the purpose of construction of school building by the competent authority on 04.02.1999, but for the reasons best known to the respondents, suddenly a fresh land was allotted for construction of a new school building by the District Collector vide order dated 20.07.2021.
This Court, after taking into consideration the overall facts and circumstances of the case, has set aside the order dated 20.07.2021 passed by the District Collector, Churu and directed that if at all, a new school campus is to be set up in village Bhalau Tibba then, the construction should take place on the land allotted vide order dated 04.02.1999. This Court has also issued direction that the respondents shall take immediate steps for establishment of the new school building with facilities of playground on the land allotted vide order dated 04.02.1999.
Learned counsel for the petitioners has submitted that despite clear directions given by this Court that the respondents shall take immediate steps for establishment of the new school campus with facilities of playground, the respondents have not complied with the directions issued by this Court, therefore, contempt proceedings be initiated against them.
Per contra, learned counsel for the respondents has submitted that pursuant to setting aside the order dated 20.07.2021 passed by the District Collector, Churu, the said
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allotment has been cancelled by the respondents and the land allotted vide order dated 20.07.2021 is recorded as sawai chak in the Revenue record.
It is also submitted that the respondents are bound to establish the new school campus with facilities of playground on the land allotted vide order dated 04.02.1999. It is further submitted that in near future, whenever the decision is taken up for setting up the new school campus with facilities of playground, then the same will be constructed only on the land allotted vide order dated 04.02.1999. It is further stated by learned counsel for the respondents that at present, there is no proposal for setting up new school campus in Village Bhalau, Tibba, Tehsil Tara Nagar, District Churu.
Having heard learned counsel for the parties and taking into consideration of the submissions made on behalf of the respondents, we are of the opinion that no case of willful disobedience on the part of the respondents is made out.
Hence, no further order is required to be passed in this contempt petition and the same is disposed of.
Notices are discharged.
We would like to observe that it is expected that the State Government shall take steps for construction of new school building because as per petitioner the old school building is dilapidated condition.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
44-Arun/-
Mahaveer S/o Chunni Ram
Nathu Ram
The State Of Rajasthan
Sidharth Siyag
Munnuri Laxman
Vijay Bishnoi
As recorded by the court registry
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