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2011 DIGILAW 336 (RAJ)

Om Prakash v. State

2011-02-14

MOHAMMAD RAFIQ

body2011
JUDGMENT 1. - This writ petition has been filed by the petitioner aggrieved by the order passed by Additional District Programme Coordinator-cum-Chief Executive Officer, Zila Parishad, Jhunjhunu dated 2.2.2011 by which the land donated by one R heer Singh S/o Late Shri Karna Ram has been identified for construction of Bharat Nirman Rajiv G hi Seva Kendra in Gram Panchayat Urika, Tehsil Chirawa, District Jhunjhunu. 2. Contention of the learned counsel for the petitioner is that petitioner no.2 donated the land for the same purpose on 5.7.2010 which is most suitable for construction of the centre. Its distance is only 100 feet from the five Government shops constructed by the Government. The Gram Sabha has also unanimously resolved in favour of construction of Bharat Nirman Rajiv G hi Seva Kendra on that the Petitioner has produced copy of the resolution which is signed by 6 out of 9 Panchas in favour of construction of Bharat Nirman Rajiv G hi Seva Kendra at the land donated by petitioner no.2. Due to political rivalry, however, it has been decided by the Government to set up the Bharat Nirman Rajiv G hi Seva Kendra on the other land much contrary to the opinion of the District Collector, Jhunjhunu given by his letter dated 10.1.2011. Learned counsel referred to the report of the District Collector which was approved by Commissioner, EGS, Rural Development and Panchayati Raj Department wherein he opined in favour of construction of shops in the land donated by petitioner no.2 showing that this is only 100 feet away from the five shops constructed by the Government and advised against such construction on the land donated by R heer Singh, showing that it was 600 mtrs away from Headquarter of Gram Panchayat. 3. As to where the Bharat Nirman Rajiv G hi Seva Kendra should be constructed is essentially a matter for the Government to decide, but nevertheless, I require the petitioner to approach the Commissioner (EGS), Rural Development, Jaipur who shall consider all the arguments which the petitioner has raised in this petition including the report of the District Collector and decide the representation of the petitioner within a period of four weeks from the date such a representation is made as to which of the land is more suitable for the construction of Bharat Nirman Rajiv G hi Seva Kendra. 4. 4. The petition is disposed of with the aforesaid directions.APR215 Writ Petition Disposed of as Per Above Direction. *******