Vineet Kothari, J. - (1.) THE petitioners, Devi Singh and Ram Singh, sons of late Sh. Megh Singh, have approached this Court by way of present writ petition against the Resolution passed by the respondent - Municipal Council, Barmer, on 21.03.2013 for naming the new Roadways Bus Stand constructed in the name of late Sh. Virdhi Chand Jain, Former Member of Parliament of Barmer. The said decision was taken by majority of 20 : 14 as Resolution No. 1 on 21.03.2013. The petitioners have come with the case that the land in question on which the said new bus stand has been constructed, was surrendered and donated by their father, late Sh. Megh Singh, way back in the year 1973 in favour of Municipal Council, Barmer, and mutation entries in the name of Municipal Council, Barmer, were made by the revenue authorities for the said land under the order of the District Collector, Barmer, vide Order No. 4140 dt. 19.12.1973.
(2.) THE petitioners have further submitted that under the orders of the District Collector, on half portion of the land measuring 13 Bigha, the State Government has already constructed a school, which is named as 'Mallinath Pant Shikshan Sansthan', whereas on the remaining half portion, on which the new bus stand has been constructed, in that regard, the said resolution has been passed. Learned counsel for the petitioners, however, fairly admitted that there was no condition or stipulation in the surrender document the land by their father late Sh. Megh Singh S/o. Pratap Singh to the effect that his name would be put on any public property constructed thereon. However, he submits that the respondent -Municipal Council, Barmer, ought to considered the naming of the said bus stand in the name of their late father Sh. Megh Singh having regard to the fact that the land was donated by their father in the year 1973 at free of cost. Mr. Mukesh Rajpurohit, learned counsel for the petitioners, therefore, submitted that the said resolution is not sustainable and deserves to be quashed.
(3.) HAVING heard the learned counsel for the petitioner, this Court is of the opinion that in the absence of any stipulation or condition in the surrender of the land, though no such written document has been placed on record by the petitioners before this Court, and the learned counsel for the petitioner could not point out any such condition in writing fur such the surrender that the name of their father late Sh. Megh Singh, would be used in any public property created over the said land donated by their father, the Resolution passed by the respondent - Municipal Council, Barmer, by a majority, appears to be a democratic decision, which cannot be quashed by this Court in exercise of extra ordinary jurisdiction.;