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Rajasthan High Court · body

2017 DIGILAW 2772 (RAJ)

Vikram Singh S/o Shri Kishore Singh v. State of Rajasthan

2017-12-13

VIJAY BISHNOI

body2017
JUDGMENT/ORDER : VIJAY BISHNOI, J. The matter comes up for consideration of an application (APPLW No. 5760/2017) preferred on behalf of the respondent Nos. 1 to 6 with a prayer for vacating the ex-parte interim stay order dated 17.05.2016 passed by this Court. 2. With the consent of learned counsels for the parties, the matter is heard finally today itself. 3. This writ petition has been filed on behalf of the petitioners being aggrieved with the order dated 16.03.2016 (Annexure-16) passed by the respondent No.2-Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur, whereby it has approved the constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner. The petitioners have also challenged the proceedings of constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner vide meeting of Gram Sabha, Gram Gram Panchayat Seelwa dated 22.05.2015 (Annexure-7). 4. The petitioners are claiming that the respondent No.7-Sarpanch, Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner has conducted a meeting of Gram Sabha, Gram Panchayat Seelwa for the purpose of constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner in illegal manner as the Members of the Gram Sabha, Gram Panchayat Seelwa were not informed about the date and place of the meeting and the meeting was conducted at secluded place. It is also contended that during the course of inquiries, conducted by the respondent No. 4-Chief Executive Officer, Zila Parishad, Bikaner and the respondent No.6-Block Development Officer, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner, it was disclosed in the inquiry reports (Annexures-10 & 14) that the meeting for constitution of the Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner has not been conducted as per the norms and the guidelines issued by the State Government. 5. Learned counsel for the petitioners has submitted that despite all these inquiry reports, the respondent No. 2 Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur has illegally passed the impugned order dated 16.03.2016 (Annexure-16) solely on the basis of a report (Annexure-15) of Joint Director (MIES), Secretariat, Jaipur. 5. Learned counsel for the petitioners has submitted that despite all these inquiry reports, the respondent No. 2 Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur has illegally passed the impugned order dated 16.03.2016 (Annexure-16) solely on the basis of a report (Annexure-15) of Joint Director (MIES), Secretariat, Jaipur. It is also contended that the Joint Director (MIES), Secretariat, Jaipur has conducted the inquiry without informing the villagers and the villagers have not been provided any opportunity to submit their objections regarding constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner. 6. On the strength of the above arguments, learned counsel for the petitioners has prayed that the impugned order dated 16.03.2016 (Annexure-16) passed by the respondent No. 2-Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur and the constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner vide proceeding dated 22.05.2015 (Annexure-7) be quashed and set aside and a direction be issued to the respondents to conduct fresh meeting as per law for the constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner. 7. Per contra, the learned counsel appearing for the respondents have opposed the prayer of the petitioners and submitted that once the respondent No. 2-Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur has conducted inquiry through Joint Director (MIES), Secretariat, Jaipur and found that there is no illegality in the constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner vide meeting of Gram Sabha, Gram Panchayat Seelwa dated 22.05.2015 (Annexure-7), no interference is called for in this writ petition and the same is liable to be dismissed. 8. 8. Having heard the learned counsel for the parties and after going through the material available on record, it is clear that the respondent No. 4-Chief Executive Officer, Zila Parishad, Bikaner in its letter dated 30.09.2015 (Annexure-14), addressed to the Director, Water Shed Development and Soil Conservation, Rajasthan, Jaipur, has specifically opined that the meeting of Gram Sabha, Gram Panchayat Seelwa was not conducted in proper manner and there was no consensus amongst the villagers for constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner. 9. It appears that the respondent No. 2-Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur, without appreciating the feedback given by the respondent No. 4-Chief Executive Officer, Zila Parishad, Bikaner, on its own has conducted inquiry through the Joint Director (MIES), Secretariat, Jaipur and certified that there is no illegality in the constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner. It is also not clear from the inquiry report (Annexure-15) that the Joint Director (MIES), Secretariat, Jaipur before conducting inquiry has provided any opportunity to the villagers to submit their objections regarding constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner. 10. In the totality of the facts and circumstances of the case, I am of the opinion that the constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner vide meeting of Gram Sabha, Gram Panchayat Seelwa dated 22.05.2015 (Annexure-7) was not in accordance with the guidelines issued by the State Government as the villagers of the village Seelwa have not participated in the said meeting in full strength. 11. Hence, this writ petition is allowed. The impugned order dated 16.03.2016 (Annexure-16) passed by the respondent No. 2-Commissioner, Water Shed Development and Soil Conservation, Department of Rural Development and Panchayati Raj, Jaipur is set aside. The proceedings of meeting of Gram Sabha, Gram Panchayat Seelwa dated 22.05.2015 (Annexure-7) for constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner are also set aside. 12. The proceedings of meeting of Gram Sabha, Gram Panchayat Seelwa dated 22.05.2015 (Annexure-7) for constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner are also set aside. 12. The respondents, who are authorised for convene the meeting of Gram Sabha, Gram Panchayat Seelwa for constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner, are directed to conduct a meeting of Gram Sabha, Gram Panchayat Seelwa for the purpose of constitution of Water Shed Committee for Gram Panchayat Seelwa, Panchayat Samiti, Panchu, Tehsil Nokha, District Bikaner as per the guidelines, issued by the State Government from time to time, within a period of four weeks from the date of production of certified copy of this order. 13. Consequently, the application (APPLW No. 5760/2017) preferred on behalf of the respondent Nos. 1 to 6 with a prayer for vacating the ex-parte interim stay order dated 17.05.2016 passed by this Court is disposed of. 14. Stay petition also disposed of.