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2020 DIGILAW 378 (RAJ)

Gram Panchayat Zinc Smelter v. State of Rajasthan

2020-02-17

PUSHPENDRA SINGH BHATI, SANGEET LODHA

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JUDGMENT 1. This intra-court appeal is directed against order dated 09.07.2019 passed by the learned Single Judge of this Court whereby the review petition preferred by the appellant seeking review of the order dated 16.8.18 dismissing the writ petition assailing the action of the State Government in cancelling the allotment of the land made for establishment of Headquarter of Gram Panchayat at village Nala Fallan and instead allotting the land for the said purpose in the village Zinc Smelter itself, has been dismissed. 2. Learned counsel appearing for the appellant submitted that the Gram Sabha of the newly constituted Gram Panchayat, Zinc Smelter in its meeting held on 15.8.2015 passed the resolution proposing the establishment of Headquarter of the Gram Panchayat at Village Nala Fallan and pursuant thereto the land measuring 2.1600 Hectare comprising Khasra No.730/1004 was set apart for the purpose and thus, the action of the respondents in cancelling the allotment made and proposing construction of the Headquarter at Village Zinc Smelter is ex-facie illegal and arbitrary. Learned counsel submitted that the action of the State Government is apparently violative of the provisions of sub-section (3) of Section 9 of the Rajasthan Panchayati Raj Act, 1994 (for short "the Act"). It is submitted that ignoring the provisions of sub-section (3) of Section 9 of the Act, the learned Single Judge has erred in dismissing the petition. 3. On the other hand, learned counsel appearing for the State submitted that it is the policy decision taken by the State Government to establish the Headquarter of the Gram Panchayat at the Village in the name whereof the Gram Panchayat is constituted and thus, the action of the respondents in proposing the establishment of the Headquarter of the Gram Panchayat in conformity with the policy decision, cannot be faulted with. 4. We have considered the submissions of the learned counsel for the parties and perused the material on record. 5. Indisputably, the Gram Panchayat has been notified in the Official Gazette by the name of Gram Panchayat "Zinc Smelter". 4. We have considered the submissions of the learned counsel for the parties and perused the material on record. 5. Indisputably, the Gram Panchayat has been notified in the Official Gazette by the name of Gram Panchayat "Zinc Smelter". It is true that as per provisions of sub-section (3) of Section 9, the State Government at any time, after one month's notice published in the prescribed manner either on its own motion or at the request of the Panchayat or the residents of the Panchayat Circle, by notification in the Official Gazette, may change the name or place of office of any Panchayat. Of course, the Gram Panchayat is empowered to propose place of office of the Gram Panchayat in terms of provisions of sub-section (3) of Section 9 of the Act, but then, it is the discretion of the State Government to accept or not to accept such proposal. 6. It is not disputed before this Court that as per the policy decision of the Government, the Headquarter of the Gram Panchayat is required to be established in the village in the name whereof the Gram Panchayat is constituted and notified. This Court is not inclined to interfere with the policy decision taken by the Government in this regard. 7. In this view of the matter, the action of the respondents in not accepting the proposal of the Gram Sabha for establishment of the Headquarter of the Gram Panchayat Zinc Smelter at Nala Fallan, cannot be faulted with. 8. No case for interference by us in intra-court appeal jurisdiction is made out. 9. The special appeal is, therefore, dismissed.