HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 9998/2022

Aam Janta, Gram Panchayat, Mundasar, Panchayat Samiti,

Nagaur District Nagaur through-

(1) Kumbha Ram S/o Shri Simratha Ram, aged 45 years,

resident of Village Pitholai, Panchayat Samiti, Nagaur District

Nagaur.

(2) Shivnath Ram S/o Shri Rugha Ram, aged 78 years, residents

of Village Mundasar, Panchayat Samiti, Nagaur District Nagaur.

(3) Sukha Ram S/o Shri Kishna Ram, aged 57 years, residents of

Village Mundasar, Panchayat Samiti, Nagaur District Nagaur.

(4) Gomand Ram S/o Shri Teja Ram, aged 64 years, residents of

Village Mundasar, Panchayat Samiti, Nagaur District Nagaur.

----Petitioners

Versus

1.

The State Of Rajasthan, Through The Secretary,

Department Of Rural Development And Panchayati Raj,

Government Of Rajasthan, Secretariat, Jaipur.

2.

The District Collector, Nagaur.

3.

Chief Executive Officer, Zila Parishad, Nagaur.

4.

Sub Division Officer, Nagaur.

5.

Block Development Officer, Panchayat Samiti, Nagaur.

6.

Gram Panchayat, Mundasar Through Its Secretary Cum

Village Development Officer, Panchayat Samiti, Nagaur,

District Nagaur.

----Respondents

For Petitioner(s)

:

Mr. G.R. Punia, Senior Advocate

assisted by Mr. Rajesh Punia

For Respondent(s)

:

Mr. Moti Singh

(2 of 6)

[CW-9998/2022]

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA

HON'BLE MS. JUSTICE REKHA BORANA

Judgment

23/09/2022

The present (Public Interest Litigation) petition has been filed

against the order dated 02.07.2022 (Annexure-24) whereby the

Chief Executive Officer, Zila Parishad, Nagaur has proceeded on to

grant financial sanction for construction of new Gram Panchayat

Bhawan at Mundasar.

The case of the petitioners is that in the year 2020, by virtue

of de-limitation, the Gram Panchayat Satehran was decided to be

bifurcated into two and the new Gram Panchayat at Mundasar was

decided to be created. For the purpose, new Gram Panchayat

Bhawan at Mundasar was also necessitated for which one Hari

Ram surrendered 7 bighas and 10 biswa of land situated in Khasra

No.207 in favour of the State. Before any decision regarding

construction of Panchayat Bhawan on the said land could be

finalized, yet other person Maan Singh surrendered/gifted 7

bighas and 10 biswa of land comprising Khasra Nos.461/289 and

462/286 for the same purpose. A decision was then taken by the

Gram Panchayat to construct the Panchayat Bhawan on the land

gifted by Maan Singh and the financial sanction qua the same was

also granted by the Zila Parishad for the purpose.

Learned Sr. counsel for the petitioners submitted that the

decision to construct the Panchayat Bhawan on the land situated

in Khasra Nos.461/289 and 462/286 and the financial sanction

thereupon are totally bad in the eyes of law as the said land

(3 of 6)

[CW-9998/2022]

cannot be said to be appropriate by any means for construction of

Panchayat Bhawan. Learned Sr. counsel submitted that the land is

10 kms away from the abadi of dhanies of Village Shivpura and

Fatehsar and is just adjacent to the residential dhanies of Up-

Sarpanch, who is the wife of the donor Maan Singh. Learned Sr.

counsel further submitted that the aforementioned decision has

been taken only at the instance of Up-Sarpanch for his personal

motive whereas the geographical position of the land in Khasra

No.207 is comparatively better and also near to the Government

Senior Secondary School, Mundasar and famous Sand Bhomiyaji

Ka Than. Learned counsel also submitted that the gift of the land

in question is also not in accordance with law and therefore also

the decision to construct any government building on the same

cannot be said to be valid.

Per contra, learned counsel appearing for the respondent

no.6-Gram Panchayat, Mundasar submitted that the present Public

Interest Litigation at the