Advocates:
['GR PUNIA', 'JR CHAWELJR CHAWEL YP KHILEREE', 'VIKAS BIJARNIA', 'RS CHOUDHARY', 'JR CHAWEL', 'RR KANWAR G A']

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S.B. CIVIL WRIT PETITION NO.6421/2006

(Leela Charitable Trust Vs. The Dist. Collector,

Sriganganagar)

Date of order :: 15.02.2008

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr.Vikas Bijarnia, for the petitioner.

Mr.O.P. Boob, Addl. Govt. Advocate.

Heard learned counsel for the parties.

The present writ petition has been filed by

the petitioner-charitable trust in whose favour land was

alloted for performing pious work of distribution of food

to the poor patients and their attendants in the

Government Hospitals.

The contention of the petitioner-trust is that

an application was filed before the District Collector to

grant permission for constructing a kitchen in the

Dharmshala for the purpose of preparing food.

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However, the said application filed by the petitioner

has been rejected without assigning any reason by one

line order, which reads as under:-

“उपरक वषयनर आप दर पस

पथन पत ननरस कर दय रय ह ।"

Upon perusal of the communication dated

30.10.2006, it is clear that no reason whatsoever has

been assigned for rejecting the application filed by the

petitioner.

However, in the reply filed by the

respondents, it is specifically stated in sub-para-B of

reply to the grounds that the petitioner is already

running a Canteen. The entire intention of the

petitioner seems to disturb the atmosphere of the

Hospital, which cannot be permitted at any cost. The

demand of the petitioner for constructing kitchen is

totally unfounded, because the petitioner-Trust cannot

be permitted to raise construction beyond 40% of the

total area as per agreement. It is further submitted in

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the reply that as per agreement, petitioner cannot be

allowed to carry out the activities as per its whims and

caprice. At the time of allotment of plot to the

petitioner free of cost, it was made clear that the

petitioner will perform pious and religious work,

therefore, now the petitioner with the intention to carry

out commercial activities has filed the aforesaid

application for granting construction permission under

the law.

After perusing the entire pleadings of the

case, I am of the opinion that if allotment was made to

the petitioner for performing pious and religious work

to distribute food to the poor patients and their

attendants in the Government Hospitals, the petitioner

is required to prepare the food and for that purpose the

construction of kitchen is necessary.

In these circumstances, while quashing the

order Annexure-7, the matter is remanded to the

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District Collector, Sriganganagar for deciding the

matter afresh after obtaining undertaking from the

petitioner that trust will not use the said premises for

commercial purpose after construction of kitchen, so

also, the petitioner may also file its undertaking that

trust will not use the said premises for commercial

activities. The District Collector, Sriganganagar may

grant permission to the petitioner Trust to construct

kitchen, but the Collector may impose any condition

upon the petitioner, which he deems fit as per the

agreement so that the petitioner Trust may not use the

said kitchen for commercial activities in the garb of

performing pious work of distribution of food to poor

patients and their attendants in the Government

Hospitals.

With the above directions, the writ petition is

disposed of.

(GOPAL KRISHAN VYAS), J.

A.K. Chouhan/-