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2023 Supreme(Raj) 1659

NUPUR BHATI
Devendra Mistri – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Mahaveer Bishnoi, Advocate, for the Appellant; Mr. Sajjan Singh Rathore, Advocate, Mr. Pranjul Mehta, for the Appellant; for Mr. Sunil Beniwal, AAG, Mr. Subhendu Chauhan, Advocate for Mr. KR Saharan, Advocate, for the Respondent.

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

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