SUO MOTO Vs. DISTRICT EDUCATION OFFICER, JODHPUR
LAWS(RAJ)-2014-1-30
HIGH COURT OF RAJASTHAN
Decided on January 15,2014

SUO MOTO Appellant
VERSUS
District Education Officer, Jodhpur Respondents

JUDGEMENT

- (1.) THIS matter has been registered as a Public Interest Litigation ('PIL') upon a learned Single Judge of this Court taking suo motu cognizance on the plight of the Sports Complex at Jodhpur, known as Gaushala Maidan, when it was reported that the complex was suffering from want of proper maintenance and was being allowed to be used for marriage purposes. It was also noticed that for the purpose of parking of the vehicles reaching the marriage functions, a wall between Gaushala Maidan and the University Campus was removed. The learned Single Judge, inter alia, observed as under: - ".....It is apparent that the act of the responsible persons who took the ground for organizing the marriage ceremony in pulling down the boundary wall of public institution without any permission is an offence under Section 3 of the P.D.P.P. Act which is a cognizable and non bailable offence and various other offences."
(2.) THE learned Single Judge, thereafter, directed the SHO, Police Station, Udaimandir, in whose jurisdiction the said Sports Complex is situated, to forthwith register an F.I.R. and to conduct expeditious investigation. The matter having been registered as PIL upon the order so passed by the learned Single Judge, this Court has passed several orders in the past for proper maintenance of Gaushala Maidan and, looking to the requirements, it was specifically directed in the order dated 09.05.2013 that no part of Gaushala Maidan shall be let out in any manner for any private ceremonies including marriage functions. In view of the submissions of the learned AAG on the basis of communication sent by SHO, Police Station, Udaimandir that the Vice -Chancellor of the University had permitted removal of the wall of the old campus, notices were also ordered to be issued to Jai Narayan Vyas University, Jodhpur through its Registrar to explain as to why and how the permission was granted for removal, even if temporarily, of the wall of the University premises?
(3.) THEREAFTER , looking to the subject matter and the requirements thereto, this Court requested the learned counsel Mr.V.K. Mathur and additionally, the learned counsel Ms. Nupur Bhati to visit the complex concerned and to report about its status. Some such reports do indicate that the task of cleaning and restoring Gaushala Maidan to the befitting status has been taken up and is being attended at. It was also considered appropriate and hence, directed that specific action plan for maintenance and development of Gaushala Maidan be chalked out and executed; and for that purpose, the Collector, Jodhpur, who is the Chairperson of the Samiti constituted for management of Gaushala Maidan, was entrusted with the task of convening the meetings and ensuring execution of the necessary work.;


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