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2023 DIGILAW 1065 (RAJ)

Devendra Mistri v. State of Rajasthan

2023-05-09

NUPUR BHATI

body2023
ORDER 1. Today the matter is listed on application for vacation of the interim order dated 21.7.2020. Upon the consent of the parties, the matter is heard finally at this stage itself. 2. At the outset, counsel for the private respondent raises a preliminary objection that the petitioners have an alternative and efficacious remedy available under Section 97 of the Rajasthan Panchayati Raj Act, 1994, therefore, writ jurisdiction under Article 226 & 227 of the Constitution of India could not have been invoked. 3. Counsel for the private respondent also submits that the petitioners are residents of Gram Panchayat, Alai, thus, they are not having any locus of filing present writ petition for the reason that the impugned order dated 08.3.2016 (Annex.11), decision and patta dated 21.03.2016 (Annex.12 & Annex.13), letter dated 24.06.2020 (Annex.42) are in regard to construction of Panchayat Bhawan, Atal Seva Kendra & other government buildings at Gram Panchayat, Dhundhwalo Ki Dhani and the nature of land mentioned in 'gair mumkeen abadi land' bearing Khasra No.1705/1988. 4. Learned counsel Mr. Pranjul Mehta, appearing for the State raises a preliminary objection that the petitioners have not impleaded the Department of Medical and Science as partyrespondent in the writ petition as the same is a necessary party because the petitioners have submitted that if the land in dispute is allotted by the respondent State for the purpose of construction of Panchayat Bhawan, Atal Seva Kendra & other government buildings, then the petitioners would not be able to further make any extension/ construction in the existing Primary Health Centre situated at Gram Panchayt, Dhundhwalo Ki Dhani, District Nagaur and, thus, prays that the writ petition deserves to be dismissed on the ground of non-joinder of necessary party. 5. On the preliminary objection of locus being raised by learned counsel Mr. Sajjan Singh Rathore, learned counsel for the petitioner submits that the present writ petition has been filed by the petitioners in the capacity of Members of Jagdamba Charitable Trust and since the land in dispute vested with the Trust, therefore, the petitioners have locus to challenge the impugned order dated 08.3.2016 (Annex.11), decision and patta dated 21.03.2016 (Annex.12 & Annex.13), letter dated 24.06.2020 (Annex.42). 6. 6. Counsel for the petitioner also makes a preliminary objection that the private respondents do not have a locus to the lis and, therefore, are not a necessary party in the writ petition, however, this Court finds that Co-ordinate Bench of this Court vide order dated 21.07.2020 after hearing on the application preferred on behalf of private respondents, who are residents of Gram Panchayat, Dhundhwalo Ki Dhani for being impleaded as partyrespondent in the writ petition, categorically observed that such application has not been seriously opposed by the counsel for the petitioners and vide order dated 21.07.2020 the Co-ordinate Bench of this Court allowed the aforesaid application. 7. Counsel for the petitioner submits that land upon which the Primary Health Centre is situated vested with Trust upto 2007 and thereafter possession of the land was handed-over by Jagdamba Trust to Government, however, learned counsel appearing for private respondent draws attention of this Court towards the communication dated 23.02.2017 (Annex.R8/1), which is an inter-communication between the Authorities of Department of the Medical & Health, in which, it has been categorically mentioned that the Primary Health Centre was established on 19.12.1986 with due sanction of the department and thereafter vide order dated 23.02.2017 (Annex. R8/1) name of existing Primary Health Centre was changed from Primary Health Centre, Alai, Panchayat Samiti, Nagaur to Primary Health Centre, Dhundhwalo Ki Dhani, Panchayat Samiti Nagaur, District Nagaur. 8. Counsel for the petitioner further submits that in the enquiry report of Zila Parishad, it has been specifically mentioned that the Trust was taking care of Health Centre from 1987 to 2008 and, therefore, the Trust has the locus to file the present writ petition. 9. Heard learned counsel for the parties. 10. It is an admitted position that the petitioners are residents of Village & Post Alai as evident from the title of the writ petition and the land in dispute is situated in Gram Panchayat, Dhundhwalo Ki Dhani. Further, a bare perusal of the petition shows that the present writ petition has been filed in private capacity and not in the capacity of the petitioners being Members of the Trust. 11. Further, a bare perusal of the petition shows that the present writ petition has been filed in private capacity and not in the capacity of the petitioners being Members of the Trust. 11. This Court looking to the aforementioned facts and circumstances of case as well as the submissions made by learned counsel for the parties finds that the petitioners do not have the locus to file the present writ petition based on the fact that the land in dispute vests with State Government being Gair Mumkin Abadi as mentioned in order dated 8.3.2016 (Annex.11) issued by the Joint Secretary (Legal), Rural Development and Panchayati Raj Department, Government of Rajasthan, Jaipur and no prejudice would be caused to the petitioners, if the land in dispute is allotted for the purpose of construction of Panchayat Bhawan, Atal Seva Kendra and other government buildings at Gram Panchayat Dhundhwalo Ki Dhani, District Nagaur. 12. Further, the primary Health Centre, situated at Gram Panchayat, Dhundhwalo Ki Dhani, is being run and administered by the State/Medical and Health Department and, therefore, the submission of the petitioners that if the land in dispute is allotted for the purpose of construction of Panchayat Bhawan, Atal Seva Kendra and other government buildings, then in such case, the petitioners would not be able to make any further extension/construction in the existing Primary Health Centre, if required in near future is not acceptable as the petitioners have no authority to raise any construction or extension in the existing Primary Health Centre at Gram Panchayat, Dhundhwalo Ki Dhani as the land in dispute is a government land and the existing Primary Health Centre is a government run health centre. 13. The stand taken by the petitioners that the Jagdamba Charitable Trust was taking care of the Primary Health Centre since 1987 to 2008 and thus, the petitioners have the locus to file the present writ petition is of no consequence for the reason that the land in dispute vests with the State Government, upon which the Primary Health Centre was constructed and is run and administered by the State. 14. In view of the aforesaid, the petitioners who have filed present writ petition in private capacity do not have any locus to agitate and give challenge to the impugned order dated 08.3.2016 (Annex.11), decision and patta dated 21.03.2016 (Annex.12 & Annex.13), letter dated 24.06.2020 (Annex.42). 15. 14. In view of the aforesaid, the petitioners who have filed present writ petition in private capacity do not have any locus to agitate and give challenge to the impugned order dated 08.3.2016 (Annex.11), decision and patta dated 21.03.2016 (Annex.12 & Annex.13), letter dated 24.06.2020 (Annex.42). 15. The writ petition, therefore, is dismissed. No order as to costs.