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2012 DIGILAW 511 (RAJ)

Mangtu Ram v. State of Rajasthan

2012-02-23

ALOK SHARMA

body2012
JUDGMENT 1. - This writ petition has been filed seeking setting aside of proposal No. 3 of Gram Panchayat Karnikot and the decision taken/ order passed on 26-5-2010 by the Gram Panchayat Karnikot for issue of Patta No. 9 in favour of Rajeev Gandi Seva Kendra. 2. The petitioners claim themselves to be resident of Gram Panchayat Karnikot and aggrieved of the issue of Patta No. 9 dated 26-5-2010 of a parcel of land ad-measuring 50' X 50' in favour of Rajeev Gandhi Sewa Kendra (herein after 'Kendra') at village Karnikot District Sikar, on the ground that the land in question belongs to Government Primary School Karnikot. 3. It is submitted that when the decision to issue the Patta in favour of the Kendra was taken, the villagers of village Karnikot objected to the same, but the Gram Panchayat Karnikot failed to consider the same in accordance with law and illegally proceeded to issue Patta No. 9 in favour of the Kendra. Counsel for the petitioners contends that the villagers had also taken Major-nama on 15-4-2011 to oppose the action of the Gram Panchayat Karnikot in issuance of Patta No. 9 in favour of the Kendra, out of the premises of the School. 4. On service of notice on respondents, the respondent No. 2 filed reply to writ petition raising preliminary objections. It was stated that prior to filing of writ petition, the petitioner have also filed civil suit before the court of Civil Judge (Junior Division) Mundawar, District Alwar, which has been dismissed on 2-8-2010 as withdrawn without seeking any liberty to file the instant writ petition and consequently the writ petition before this court was not maintainable against the same cause of action which merged in the order of dismissal dated 2-8-2010 aforesaid. 5. Further, in the course of proceedings of writ petition, the respondent No. 2, the Sarpanch Gram Panchayat Karnikot has filed an affidavit and submitted that a new building had been constructed for the school in Gram Panchayat Karnikot and which building on inspection by the Engineer was found fit and suitable for the students. It is submitted that where the land has been allotted to the Rajiv Gandhi Seva Kendra, it is not allotted to any school or otherwise in the ownership of the school. 6. It is submitted that where the land has been allotted to the Rajiv Gandhi Seva Kendra, it is not allotted to any school or otherwise in the ownership of the school. 6. Having heard learned counsel for the parties, and having perused the material available on record of writ petition, I am of the considered opinion that on the issue of construction of Kendra and other public facilities, the intended beneficiaries are the whole of the population and no individual can claim any personal, legal or fundamental right therein, allege infringement and find locus to lay a writ petition on such matters. Further having failed before the civil court and order of the civil court passed on 2-8-2010, where the suit relating to the same issue was dismissed as withdrawn without liberty to agitate the same cause of action, this writ petition is not maintainable. 7. Even otherwise on the merits of the location of the Kendra, I am of the view that the location of the Kendra at village Karnikot on the site located by the Panchayat is based on a fair consideration of its suitability by the Panchayat in passing resolution in which resolution the petitioners were a party. The petitioners thereafter cannot and could not point out any infirmity in the consideration of the matter through various levels of authorities starting from the Sarpanch of Gram Panchayat Karnikot, upto the highest officers of the State Government in the matter of allotment of land to the Rajiv Gandhi Seva Kendra. 8. Consequently, the writ petition is dismissed as the petitioners have no locus standi to lay a writ petition with regard to statement of public facilities, and the location of the Kendra at Gram Panchayat Karnikot is a well considered, just and bonafide administrative decision. 9. Stay application and misc. applications also stand dismissed.Writ petition dismissed. *******