VILLAGERS OF VILLAGE BAI Vs. STATE

JUDGEMENT

(1.) This Court vide order dt.27/01/09 observed to finally dispose of the matter at admission stage, hence at request, matter was heard.

(2.) Petitioners are local residents of village Bai (Sikar) and basically aggrieved by decision taken by respondent-State in shifting Smt. Birdi Bai Govt. Secondary Girls School to its new building constructed at nearby place in village Bai.

(3.) In village Bai (Sikar) there is Government School known as Smt. Birdi Bai Govt. Secondary Girls School ("Govt. School") which was earlier upto middle Standard and later on upgraded to Secondary (10th Class) standard in Oct.'02 after sanction accorded by Director, Secondary School Education, Government of Rajasthan (respondents) vide order dt.14/10/02, inter-alia on the terms & condition that building would be constructed with the help of public funds within two years as per standard of Secondary School specified by local authority/ Nagar Palika or Panchayat Samiti. On 08/08/02, Gram Panchayat Bai took a decision to provide and allot One hectare land out of pasture land of Khasra No. 1104 in favour of Govt. School for construction of new school building and for students' play ground and proposal whereof was sent to the State Government and taking note whereof, Collector, Sikar took decision under provisions of Land Revenue (School, College, Hospitals & Dharamshala for public use and allotment Rules, 1963 and granted sanction for conversion of One Hectare land out of Khasra No. 1104 and this land was part of pasture land and accordingly allotted the same to Government School, Bai on 99 years' lease with the condition that it would be used only for school for which it was converted, vide order dt. 24/02/03 (Ann.R5/4).