JEEWA Vs. STATE

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has approached this Court for assailing the action of the respondents who are purportedly raising construction of Panchayat Bhawan in the newly created Gram Panchayat Sarasiya contrary to the earlier decision and resolution of the Panchayat.

(2.) The Gram Panchayat Sarasiya was newly constituted in the year 2015. The Government allotted 0.40 hectares of land in Araji No.929 of the Patwar Mandal, Peeladar for construction of the Panchayat Bhawan. The petitioner and few other villagers claim that the location of the land allotted for construction of the Panchayat Bhawan was not feasible and thus, they offered and surrendered their own khatedari lands from the Araji No.2465 for the construction of Panchayat Bhawan. The Tehsildar accepted the offer of the petitioner and his associates and the lands surrendered by them were taken over by the State Government vide order dated 30.10.2017. It is further alleged that the Gram Panchayat also adopted a resolution dated 02.10.2017 to the effect that the land surrendered by the petitioner should be allotted for construction of the Panchayat Bhawan. However, the concerned authorities have allegedly acted in total contravention to the Panchayat earlier resolution as well as the recommendations made by the Member of Parliament Shri Arjun Lal Meena and are bent upon raising construction of the Panchayat Bhawan on the non-viable and inconvenient location in Araji No.929.

(3.) Shri Rohitash Singh vehemently urged that the act of the respondents in resiling from their assurance to construct the Panchayat Bhawan on the land surrendered by the petitioner and his associates is absolutely arbitrary and unjustified. He urged that the offer of the petitioner and his companion to surrender 0.39 hectares of land, which is on the main road for the construction of the Panchayat Bhawan, was unconditionally accepted and the land has already been entered in the Government's name. Thus, as per Shri Rohitash Singh, the respondents are estopped from taking a contrary view and cannot be allowed to raise construction of Panchayat Bhawan anywhere other than the land surrendered by the petitioner and his likes.