DEVENDRA MISTRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Today the matter is listed on application for vacation of the interim order dtd. 21/7/2020. Upon the consent of the parties, the matter is heard finally at this stage itself.

(2.) At the outset, counsel for the private respondent raises a preliminary objection that the petitioners have an alternative and efficacious remedy available under Sec. 97 of the Rajasthan Panchayati Raj Act, 1994, therefore, writ jurisdiction under Article 226 and 227 of the Constitution of India could not have been invoked.

(3.) Counsel for the private respondent also submits that the petitioners are residents of Gram Panchayat, Alai, thus, they are not having any locus of filing present writ petition for the reason that the impugned order dtd. 8/3/2016 (Annex.11), decision and patta dtd. 21/3/2016 (Annex.12 and Annex.13), letter dtd. 24/6/2020 (Annex.42) are in regard to construction of Panchayat Bhawan, Atal Seva Kendra and other government buildings at Gram Panchayat, Dhundhwalo Ki Dhani and the nature of land mentioned in 'gair mumkeen abadi land' bearing Khasra No.1705/1988.