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2014 DIGILAW 1036 (PNJ)

Subhash Chander v. State of Haryana

2014-07-09

FATEH DEEP SINGH, HEMANT GUPTA

body2014
JUDGMENT Mr. Hemant Gupta, J.: - The challenge in the present writ petition is to an order passed by the Deputy Commissioner, Karnal on 02.07.2014 while deciding an representation of the petitioner. 2. The grievance of the petitioner is that shamlat land reserved for School is being diverted by Gram Panchayat for construction of Saini Choupal (Dharamshala) without any permission from the State Government. The Petitioner earlier submitted a representation to this effect. This Court directed the Deputy Commissioner to decide such representation. Learned Deputy Commissioner has found that in view of small area of shamlat land available in the village, constructing Saini Choupal shall be more beneficial for the villagers and that it will not effect the School. 3. The grievance of the petitioner is that Choupal is not for the benefit of all the inhabitants of the village but only of one community, therefore, the fact that Choupal is close to School will affect the education of the children. 4. We do not find any merit in the arguments raised. 5. Even if, the Choupal is called Saini Choupal, it does not mean that other inhabitants of the village are prohibited from using Choupal or carrying out the activities beneficial to entire village. The choupal is expected to be common to all the inhabitants. Such land is not part of the School compound, therefore, it is not likely to affect the education of the children as well. 6. The learned Deputy Commissioner has not found any illegality in the use of land for the construction of Saini Choupal. 7. We do not find any illegality or irregularity in the order passed by the Deputy Commissioner, which may warrant interference in the writ jurisdiction of this court. Dismissed. ---------0.B.S.0------------ —————————