OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioners inter alia challenge the decision of the Gram Panchayat, Bhacharna to shift the location of the school site from the site which was selected and agreed upon in the meeting of the Gram Panchayat dated 1/05/1999.

(2.) The State Government approved the Scheme under which schools known as 'Rajiv Gandhi Swaranjayanti Pathshalas' were to be opened in villages of the State of Rajasthan. In pursuance of the Scheme the Gram Panchayats were directed to hold meetings on 1/05/1999 for the purpose of deciding the location of the schools in the villages. Gram Panchayat, Bhacharna also held a meeting on 1/05/1999 and decided to locate the school in khasra No. 2 of Ward No. 2. On 3/05/1999 the Chief Executive, Zilla Parishad, sanctioned a sum of Rs. 2,10,000.00 for construction of the school.

(3.) It appears that the Gram Panchayat reconsidered the question of locating the school in the village and decided to construct the same in Khasra No. 15 of Ward No. 2 instead of Khasra No. 2 of Ward No. 2. Since Khasra No. 2 was 'gair mumkin nadi' land, the Gram Panchayat decided to shift the site to another location. Construction of the school at the new site was in progress when the instant writ petition was filed by the petitioners.