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2005 DIGILAW 213 (RAJ)

Sahiram v. State of Rajasthan

2005-01-24

SUNIL KUMAR GARG

body2005
Judgment 1. The instant petition has been filed by one Sahi Ram Claiming to be member of Ward No. 36, Village Kelansar and Up Zila Pramukh of Zila Parishad, Jodhpur under the label of public interest litigation seeking direction to quash the order dated 212.2004 passed by the Chief Executive Officer, Zila Parishad, Jodhpur. 2. The fctual matrix of the case are that there is a school in Village, Kelansar. It is alleged that as the building is in dilapidated near grave yard as such a decision was taken to shift the school elsewhere. The Collector, Jodhpur by order dated 210.2002 set apart 15 Bighas of land out of the Gochar land situated in Khasra No. 244, Village Kelansar for the construction of the school building. The Member of Parliament also sanctioned fund in the sum of Rs. 1.35 Lacs for the construction of two class rooms. However, on the intervention of Shri Ram Narain Bishnoi the Dy. Speaker, Rajasthan Legislative Assembly the execution of the decision to construct the building at new site has been dispensed with. In reply to the writ petition the factual averment to the effect that the school building in dilapidated condition is denied. The photographs have been placed on record to substantiate the said fact. It is further stated that 15 Bighas of land was allotted for purpose of providing a play field. As far as release of fund by the Member of Parliament is concerned, the same is for the construction of two rooms in the existing building. It is further averred that there was no sanction for the construction of new school. 3. Having Considered the entire matter, we are of the view that no issue of public interest is involved in the present petition. This is consistent view of this Court that a decision as to the location of a public building cannot be a matter of judicial review. No interference is warranted in the issue involved by this Court in exercise of powers under Art. 226 of the Constitution of India more particularly under the label of PIL. The petition stands dismissed.