GRAM PANCHAYAT KANTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition(PIL), the petitioner-Gram Panchayat, Kantiya has questioned legality of order dated 15.3.16 issued by the Additional Chief Executive Officer, Zila Parishad, Nagaur granting financial sanction for establishing 'Kisan Sewa Kendra-cum-Village Knowledge Centre and Land Record Information Centre' (for short 'Kisan Sewa Kendra') in khasra no.1902/1669 of Village Kantiya.

(2.) The facts relevant are that Commissioner, Agriculture Commissionerate issued an order dated 22.9.14 granting administrative sanction for establishing 2000 Kisan Sewa Kendra at the Gram Panchayat level with the aid received from NABARD. As per the sanction letter, the said centres were proposed to be established near/within the premises/first floor of Rajiv Gandhi Sewa Kendra. Pursuant to the said order, Zila Parishad, Nagaur vide order dated 15.3.16 issued the financial sanction for construction of the building of Kisan Sewa Kendra near Atal Sewa Kendra (the changed name of Rajiv Gandhi Sewa Kendra) inter alia at the headquarter of Gram Panchayat, Kantiya. Pursuant to NIT issued, bid of M/s. Shivshakti Contractor was approved by the Zila Parishad, Nagaur. Accordingly, the work order was issued by Gram Panchayat, Kantiya. The contractor commenced the construction of Kisan Sewa Kendra at the location specified. Later, Gram Panchayat objected the establishment of Kisan Sewa Kendra in khasra no.1902/1669 on the ground that the said location is 12 kms. away from northern boundary of the Village-Kantiya and thus, 90-95% of the population shall stand deprived from the beneficial use of the Kisan Sewa Kendra sought to be established. On the representation made by the Gram Panchayat and villagers, the work of the construction of the said centre was directed to be stopped by the Chief Executive Officer, Zila Parishad, Nagaur. Aggrieved thereby, M/s. Shivshakti Contractor filed a writ petition before this court being S.B.C.Writ Petition No.10229/18 wherein, vide order dated 19.7.18, the order issued by the Chief Executive Officer, Nagaur directing the contractor to stop the construction was stayed. Later, the Department of Panchayati Raj took the stand before the court that the contract was awarded in favour of the contractor in lawful manner as per the sanction issued by the State Government. The order dated 12.7.18 was withdrawn and thus, on the statement made by the counsel appearing for M/s Shivshakti Contractor in this regard before the court, the writ petition was dismissed as having become infructuous. Thereafter, the petitioner-Gram Panchayat, Kantiya has preferred this petition through its Sarpanch, claiming the relief as indicated above.

(3.) M/s Shivshakti Contractor has preferred an application for impleading it as party respondent in the matter stating that pursuant to the contract awarded 80% of the construction work of the building of Kisan Sewa Kendra has already been completed, however, while seeking order adverse to the applicant, the petitioner has not cared to implead it as party respondent.