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2026 Supreme(Online)(Raj) 2940

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
SAPATRISHI DHMARTH TRUST – Appellant
Versus
DIRECTOR – Respondent
CW / 20797 / 2025



[2026:RJ-JD:6891]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 20797/2025 Sapatrishi Dhmarth Trust, Village Doli, Post Jhanwar, Tehsil Luni, District Jodhpur Through Its Executive / Authorized Person Shri Mahesh Sarwa S/o Naththu Ram Ji Sarwa, Aged About 51 Years, Woring As Executive Member Of Sapatrishi Dhmarth Trust Village Doli, Post Jhanwar, Tehsil Luni, District Jodhpur.

----Petitioner Versus

1. Director, Department Of Gopalan, Government Of Rajasthan, Directorate, Jaipur.

2. District Collector Cum Chairman, District Gopalan Samiti, Barmer.

3. District Collector Cum Chairman, District Gopalan Samiti, Balotra.

4. Joint Director, Department Of Animal Husbandry, Barmer.

----Respondents For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. S.S. Ladrecha, AAG HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/02/2026 By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“a) By an appropriate writ, order and direction be issue and the impugned order dated 10.03.2025 issued on 12.03.2025 (Annex-13) and order dated 21.12.2023 (issued on 02.01.2024) (Annex-8) issued by the District Level Gopalan Committee Barmer may kindly be quashed and set aside.

b) By an appropriate writ, order and direction be issued and the Respondent-District level Gopalan Committee Barmer (now Balotra) may kindly be directed to enter into the agreement with the Petitioner’s trust for establishment of the goushala in pursuance of the order dated 24.12.2024 (Annex- 12) and the Respondent may further directed to issued the sanction for establishment of the goushala by Petitioner’s trust.

c) By an appropriate writ, order and direction be issued and the Respondent- Director, Gopalan Department may kindly be directed to pass an appropriate order upon the representation dated 07.04.2025” (Annex-14) submit by the petitioner’s trust against the decision dated 10.03.2025 issued by District Gopalan Committee Barmer.

d) That the any other relief, which this Hon’ble Court deems fit, by which the Petitioner may get full justice may also be allowed. ….“

2. Upon perusal of the record, this Court finds that the District Gopalan Committee, Barmer issued Tender Proposal No. 2229 dated 09.05.2023 for the establishment of Gram Panchayat Gaushala/Pashu Ashray Sthal and Cow Shelter/Animal Shelter. The petitioner trust, being eligible, submitted its application pursuant to the said tender floated by the respondents.

3. It further appears from the record that the meeting of the District Gopalan Committee, Barmer, constituted for consideration of the proposals received pursuant to Tender Proposal dated 09.05.2023, could not be held due to paucity of time and the enforcement of the election code of conduct. In the meantime, the validity of the proposals expired in terms of Clause 5 of the general conditions of the tender.

4. The record further reveals that the Director, Gopalan, Directorate, Jaipur, vide communication dated 24.12.2024, informed the Joint Director, Animal Husbandry, Barmer that since the process initiated under Tender Proposal No. 2229 dated 09.05.2023 for setting up of Gaushala/Animal Shelter could not be completed due to the non-holding of regular meetings of the District Committees, the matter should be placed for consideration in the next meeting of the District Gopalan Committee instead of initiating or floating fresh tenders for the said purpose.

5. Heard.

6. Having heard learned counsel for the petitioner and upon perusal of the material available on record, and keeping in view the fact that the Government of Rajasthan with a view to deal with the problems of stray and destitute cattles framed the scheme for development of infrastructures in Gram Panchayats for providing shelters/cow shades which is in the interest of public at large so also strayed/destitue cattles and any delay in providing shelters to such animals would be highly unjust and improper, this

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