IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3421/10 Sarpanch, Gram Panchayat, Dhod Versus State & Ors. DATE OF ORDER : 12/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anil Kumar Sharma, for petitioner ***
Instant petition has been filed by elected Sarpanch of Gram Panchayat, Dhod, Panchayat Samiti, Dhod, District Sikar assailing the order of District Collector, Sikar dt.18th November, 2009 whereby one hectare land has been allotted for construction of official building of Panchayat Samiti, Dhod in Gram Panchayat, Sabalpura, District Sikar on certain conditions which are enumerated in the order impugned.
Counsel for petitioner submits that at one time proceedings were initiated for constructing the building of Panchayat Samiti, Dhod in Gram Panchayat, Dhod itself and land was also demarcated for the purpose. But, finally the State authorities have allotted land in Gram Panchayat, Sabalpura and even if the construction is made, it is not going to serve any purpose for which it has been allotted by the respondents under order Ann.6.
In opinion of this Court, submission made by Counsel is without substance for the reason that it is always open for the authorities to examine the feasibility of the land required for the purpose and if the State authorities took decision for construction of building of Panchayat Samiti, Dhod in Gram Panchayat, Sabalpura, District Sikar on certain terms & conditions, it cannot be said to be in any manner violating legal or fundamental right of the petitioner in approaching this Court by filing petition U/Art.226 of the Constitution of India.
Accordingly, writ petition is devoid of merit and stands dismissed.
[AJAY RASTOGI], J.
FRBOHRA3421CW10 12-03.doc