Rajasthan High Court - Jodhpur
Naresh Taldar vs State Of Rajasthan Through Chief ... on 3 July, 2019
Bench: S. Ravindra Bhat, Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ (PIL) Petition No. 8884/2018
Naresh Taldar S/o. Sh. Mohan Lal Taldar, aged 60 years, by caste
Taldar, rsident of Taldar Tower, Dungarpur Road Banswara,
District Banswara (Raj.)
----Petitioners
Versus
1. State of Rajasthan through Chief Secretary, Local Self
Department, Secretariat Jaipur.
2. Divisional Commissioner, Udaipur Division, Udaipur.
3. The District Collector, Banswara.
4. Municipal Corporation, Banswara.
----Respondents
For Petitioner(s) : Mr. Aditya Singh Rathore for
Mr. Pankaj Gupta
For Respondent(s) : Mr. P.R. Singh &
Ms. Deepika Soni
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 03/07/2019
1. There is no merit in this petition filed by an individual claiming himself to be an RTI activist.
2. By order dated 10.9.2018, the petition was disposed of with a direction restraining Municipal Council, Banswara from installing statue of Bhil Raja Basiya Charpota on the public land. Later on 06.3.2019, the order was recalled and the writ petition was restored at its original number on the ground that the previous order was an ex-parte order.
3. The Municipal Council in its affidavit has affirmed that the place where the statue is proposed to be installed is not a public (Downloaded on 09/07/2019 at 10:06:30 PM) (2 of 2) [CW-8884/2018] way and has been approved after due inspection by the competent Committee constituted by District Collector comprising of six members in accordance with Supreme Court guidelines in Union of India Vs. State of Gujarat. The Divisional Commissioner, Udaipur [ (2011) 14 SCC 52] has also approved the proposal.
4. Counsel for the petitioner had sought to urge that the land where proposed statue is to be located is a public land and secondly, that is earmarked for playground.
5. The Court is of the view that matter has been enquired into by the competent Committee and the proposal has also been approved by the Divisional Commissioner. There is no merit in the writ petition and the same is accordingly dismissed. (DR. PUSHPENDRA SINGH BHATI),J (S. RAVINDRA BHAT),CJ Sanjay (Downloaded on 09/07/2019 at 10:06:30 PM) Powered by TCPDF (www.tcpdf.org)