Rajasthan High Court - Jaipur
Gram Panchayat Mangarh Khokhawala vs State Of Rajasthan on 4 March, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1106/2022
Gram Panchayat Mangarh Khokhawala, Mangarh Khokhawala,
Tehsil- Bassi, Jaipur, Rajasthan Through Sarpanch Smt. Roshni
Meena W/o Hanuman Meena, Aged 27 Years, R/o Mangarh
Khokhawala, Bassi, Jaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayati Raj Department,
Government Secretariat, Jaipur, Rajasthan- 302005.
2. Jaipur Development Authority, Through Deputy
Commissioner, Zone 13 Ram Kishor Vyas Bhawan, Indra
Circle, Jawaharlal Nehru Marg, Jaipur, Rajasthan-302004.
----Respondents
For Petitioner(s) : Mr.Ajatshatru Mina, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 04/03/2022 Learned counsel for the petitioner submitted that by the Gazette Notification dated 02.12.2019, delimitation/formation of New Gram Panchayats took place and in Panchayat Samiti Bassi, the earlier Gram Panchayat Ramgarh Khokawala was bifurcated in two Gram Panchayats i.e. Mangarh Khokhawala and Mansar Khedi.
Learned counsel submitted that the Administrator of Gram Panchayat Mansar Khedi, Panchayat Samiti Bassi, Jaipur Vide order dated 14.05.2020 recommended for construction of Panchayat Bhawan in Khasra No.10 for newly created Gram Panchayat Mangarh Khokhawala.
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Learned counsel submitted that the petitioner, Gram
Panchayat, when was duly constituted, immediately approached the Authorities and requested that the land situated in Khasra No.10 was not suitable and land situated in Khasra No.253 was required to be allotted.
Learned counsel submitted that resolution of the Gram Panchayat was also passed to the same effect and the JDA Authorities were informed for allotment of land for construction of Panchayat Bhawan in Khasra No.253.
Learned counsel submitted that now by the impugned allotment order dated 16.12.2021, in the light of earlier recommendation sent by the body which was not authorized for recommendation of construction of Panchayat Bhawan for newly created Gram Panchayat, Mangarh Khokhawala, allotted the land situated in khasra No.10.
Learned counsel submitted that the guidelines, which have been issued by the State Government for construction of Gram Panchayat Bhawan for newly created Gram Panchayat, vide order dated 11.02.2020 also prescribed certain conditions and as such while issuing the impugned allotment order dated 16.12.2021, the same has not been complied with.
Issue notice of the writ petition as well as stay application to the respondents, returnable on 28th March, 2022. Notices be given 'dasti', if prayed.
In the meanwhile, the respondents are restrained to carry out any construction in pursuance of the allotment order dated 16.12.2021, if no construction has been raised so far.
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