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2019 DIGILAW 654 (RAJ)

Gram Panchayat Kantiya, Through Its Sarpanch Satyanarayan v. State of Rajasthan, Through The Secretary, Department Of Agricultural

2019-02-25

DINESH MEHTA, SANGEET LODHA

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JUDGMENT Sangeet Lodha, J. - By way of this writ petition(PIL), the petitioner-Gram Panchayat, Kantiya has questioned legality of order dated 15.3.16 issued by the Additional Chief Executive Officer, Zila Parishad, Nagaur granting financial sanction for establishing 'Kisan Sewa Kendra-cum-Village Knowledge Centre and Land Record Information Centre' (for short 'Kisan Sewa Kendra') in khasra no.1902/1669 of Village Kantiya. 2. The facts relevant are that Commissioner, Agriculture Commissionerate issued an order dated 22.9.14 granting administrative sanction for establishing 2000 Kisan Sewa Kendra at the Gram Panchayat level with the aid received from NABARD. As per the sanction letter, the said centres were proposed to be established near/within the premises/first floor of Rajiv Gandhi Sewa Kendra. Pursuant to the said order, Zila Parishad, Nagaur vide order dated 15.3.16 issued the financial sanction for construction of the building of Kisan Sewa Kendra near Atal Sewa Kendra (the changed name of Rajiv Gandhi Sewa Kendra) inter alia at the headquarter of Gram Panchayat, Kantiya. Pursuant to NIT issued, bid of M/s. Shivshakti Contractor was approved by the Zila Parishad, Nagaur. Accordingly, the work order was issued by Gram Panchayat, Kantiya. The contractor commenced the construction of Kisan Sewa Kendra at the location specified. Later, Gram Panchayat objected the establishment of Kisan Sewa Kendra in khasra no.1902/1669 on the ground that the said location is 12 kms. away from northern boundary of the Village-Kantiya and thus, 90-95% of the population shall stand deprived from the beneficial use of the Kisan Sewa Kendra sought to be established. On the representation made by the Gram Panchayat and villagers, the work of the construction of the said centre was directed to be stopped by the Chief Executive Officer, Zila Parishad, Nagaur. Aggrieved thereby, M/s. Shivshakti Contractor filed a writ petition before this court being S.B.C.Writ Petition No.10229/18 wherein, vide order dated 19.7.18, the order issued by the Chief Executive Officer, Nagaur directing the contractor to stop the construction was stayed. Later, the Department of Panchayati Raj took the stand before the court that the contract was awarded in favour of the contractor in lawful manner as per the sanction issued by the State Government. The order dated 12.7.18 was withdrawn and thus, on the statement made by the counsel appearing for M/s Shivshakti Contractor in this regard before the court, the writ petition was dismissed as having become infructuous. The order dated 12.7.18 was withdrawn and thus, on the statement made by the counsel appearing for M/s Shivshakti Contractor in this regard before the court, the writ petition was dismissed as having become infructuous. Thereafter, the petitioner-Gram Panchayat, Kantiya has preferred this petition through its Sarpanch, claiming the relief as indicated above. 3. M/S Shivshakti Contractor has preferred an application for impleading it as party respondent in the matter stating that pursuant to the contract awarded 80% of the construction work of the building of Kisan Sewa Kendra has already been completed, however, while seeking order adverse to the applicant, the petitioner has not cared to implead it as party respondent. 4. Yet another application is filed on behalf of the villagers of Gram Panchayat, Kantiya. While supporting the petitioner, it is stated in the application that if Kisan Sewa Kendra is constructed at the proposed site, it will create difficulty in day to day working of Kisan Sewa Kendra. It is proposed that it may be established nearby the abadi area in khasra no.733 and for this purpose, one Shri Tajuram s/o Aduram has already donated the land to Gram Panchayat, Kantiya. 5. A reply to the writ petition has been filed on behalf of the respondents taking the stand that the petitioner has preferred the present petition concealing the factum of yet another writ petition being No.12052/18 preferred by the Shri Satyanarayan, who is Sarpanch of the petitioner-Gram Panchaya and has filed the present writ petition (PIL) before this court. It is submitted that huge public money has already invested in raising construction of the building of Kisan Sewa Kendra at the location approved and any interference by this court at this stage, would be a loss to public exchequer. It is submitted that the order granting financial sanction was issued on 15.3.16 whereas, the present petition has been filed by the petitioner in the year 2018 without explaining the delay. It is submitted that the building of Kisan Sewa Kendra is constructed near other Government utility building Atal Sewa Kendra and thus, no interference by this court is called for. 6. Learned counsel appearing for the petitioner contended that the construction of the building at the location which is 12 kms. away from the abadi area of Village Kantiya is against the public interest. 6. Learned counsel appearing for the petitioner contended that the construction of the building at the location which is 12 kms. away from the abadi area of Village Kantiya is against the public interest. Learned counsel submitted that ignoring the resolution of the Gram Panchayat and the villagers, the construction of Kisan Sewa Kendra at such location, which is away from habitation, is illegal and arbitrary and therefore, the impugned sanction issued by the Additional Chief Executive Officer, Zila Parishad, Nagaur deserves to be set aside. 7. Learned Additional Government Counsel while reiterating the stand taken in reply to the petition, contended that the decision to establish Kisan Sewa Kendra near Atal Sewa Kendra was taken as per the policy decision of the Government set out in order dated 22.9.14 and pursuant to the financial sanction issued, the contract was awarded to the successful bidder and in execution thereof, the construction of Kisan Sewa Kendra commenced, which is at the verge of completion. It is submitted that as a matter of fact, after approval of the bid by the Zila Parishad, the work order was issued by the Sarpanch, Gram Panchayat, Kantiya, who has filed the present writ petition before this court. Learned AGC submitted that the matter with regard to establishment of the Kisan Sewa Kendra as per policy decision of the Government, does not warrant any interference by this court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India. 8. We have considered the submissions of the counsels for the parties and perused the material on record. 9. Indisputably, as per policy decision of the Government laid down in order dated 22.9.14 issued by the Commissioner, Agriculture Commissionerate, Government of Rajasthan, the Kisan Sewa Kendra-cum-Land Record Centre at the various places were proposed to be established near/within the premises/at the first floor of Rajiv Gandhi Sewa Kendra (changed name 'Atal Sewa Kendra'), already established. It is not disputed that Kisan Sewa Kendra at Village Kantiya pursuant to the contract awarded is being established near Atal Sewa Kendra/Rajiv Gandhi Sewa Kendra. Thus, the construction of Kisan Sewa Kendra at the location specified appears to be in conformity with the sanction issued by the Commissioner, Agriculture Commissionerate. 10. It is not disputed that Kisan Sewa Kendra at Village Kantiya pursuant to the contract awarded is being established near Atal Sewa Kendra/Rajiv Gandhi Sewa Kendra. Thus, the construction of Kisan Sewa Kendra at the location specified appears to be in conformity with the sanction issued by the Commissioner, Agriculture Commissionerate. 10. As noticed above, the construction of the building pursuant to the contract awarded by the Gram Panchayat stands substantially completed and thus, at this stage, there is absolutely no reason as to why the construction of the building of Kisan Sewa Kendra at the location specified pursuant to policy decision of the Government should be interfered with by this court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India. 11. There is yet another aspect of the matter. As per provisions of Section 107 of the Rajasthan Panchayati Raj Act, 1994, if any dispute arises between two Panchayati Raj Institutions or between a Panchayati Raj Institution and any other Local Authority, it shall be referred to the State Government and the decision of the State Government on such dispute shall be final. Thus, in the instant case, if there is conflict between two Panchayati Raj Institutions i.e. Gram Panchayat,Kantiya and Zila Parishad, Nagaur regarding the location of the proposed building of Kisan Sewa Kendra, the dispute can always be resolved by the State Government appropriately and thus, there is no reason why this court should intermeddle in the matter. 12. In view of the conclusion arrived at as aforesaid, there is no need to pass any order on the applications preferred by the applicants for impleading them as party respondents in the present writ petition (PIL). 13. In the result, the writ petition fails, it is hereby dismissed. The applications preferred by the applicants seeking impleadment as party respondents also stand disposed of. No order as to costs.