Research › Browse › Judgment

Rajasthan High Court · body

1996 DIGILAW 1232 (RAJ)

Gram Panchayat Sunari v. State

1996-11-04

B.J.SHETHNA

body1996
JUDGMENT 1. - At the request and by the consent of the learned counsel for the parties the main writ petition is heard and decided alongwith the stay petition. Petitioners are Panchayat Samiti of Gram Panchayat Sunari and Shri Shrawan son of Shri Pura Ram of village Sunari. They have prayed in this petition to direct the respondents to construct the road at A to B places as mentioned in Annex. 3 for which the sanction was given by the State Govt. after acquiring the khatedari land of the concerned persons with the process of law and after paying compensation. Detail reply affidavit has been filed on behalf of the respondents and an application is filed u/Art. 226(3) of the Constitution for vacating the ex-parte interim order passed by this Court on 2.9.1996 on stay petition, wherein, it has been pointed out that due to the stay order lot of hardship is caused to the respondents and many complications are going to arise if the stay is continued further. On the basis of certain instructions issued for the construction of roads, learned counsel Shri Beniwal submitted that the respondents should construct the road as prayed for by the petitioners and not in their own way or in other manner. Mr. Lalit Kawadia, learned counsel appearing for the respondents pointed out from Annex. R. 2, an application dated 1.6.1996, that it is on the application made by the Sarpanch of the Gram Panchayat Sunari, itself the construction of road is started. He further submitted that most of road is ready but because of the stay order of the Court the construction of road should not be completed. He submitted that no right of the petitioner much less fundamental right guaranteed under the provisions of the Constitution has bee 'plated by construction of the said road and they cannot make any grievance now. fact it is in public interest that road should be completed at the earliest. There is l of substance in what Mr. Kawadia submitted. How to construct a road and in who manner, these are the functions which have to be discharged by the executives an is Court cannot interfere with the same in its powers u/Art. 226 or 227 of the Constitution of India. Hence, this writ petition fails and is hereby dismissed with no cost. Th stay granted earlier stands vacated. 2. How to construct a road and in who manner, these are the functions which have to be discharged by the executives an is Court cannot interfere with the same in its powers u/Art. 226 or 227 of the Constitution of India. Hence, this writ petition fails and is hereby dismissed with no cost. Th stay granted earlier stands vacated. 2. the main writ pet' on is dismissed and the stay granted earlier is vacated, the app action filed u/Art 26(3) of the Constitution stands disposed of.Writ Dismissed. *******