- (1.) The D.B.Civil Writ Petition (PIL) No.4321 of 2013, was registered on a reference made by a learned Single Judge of this Court on 22.4.2013, on a news item in Rajasthan Patrika, Jodhpur Edition dated 22.4.2013, (page-9), concerning the plight of the sports complex at Jodhpur known as "Gaushala Maidan". The learned Single Judge felt it necessary to exercise suo-moto powers under section 482 Cr.P.C. for directing the registration of a criminal case against the responsible persons, on the basis of the news item, which reported that for last three days', the sports persons practicing the game of cricket in the Gaushala Maidan are unable to play in the field as the entire playground is littered with waste left over by the organizers of marriage ceremonies in the Gaushala Maidan. The news item displayed a photograph of broken wall of the old campus between University and the sports complex viz. Gaushala Maidan. The learned Single Judge observed that the ground, which appears to be basically a playground housing various sporting facilities, was given on rent for a wedding reception. The organizers are reported to have broken the wall without any permission and left the food items to rot in the field. He further observed that the ground is under the control of the District Education Officer, Jodhpur, who seems to have acted with total apathy in this regard. The Engineer of the Jai Narayan Vyas University, Jodhpur is reported to have shown ignorance about the damage caused to the boundary wall. Their act also appears to be an offence under section 3 of the P.D.P.P. Act, which is a cognizable and non-bailable offence and various other offences. The S.H.O., Police Station, Udaimandir was directed to forthwith register a first information report and conduct expeditious investigation. The matter was also directed to be investigated with report to the Court on 27.4.2013. The matter was also directed to be placed before Hon'ble the Chief Justice for further directions.
(2.) The Hon'ble Chief Justice in terms of Rule 385-Q of the Rules of the High Court of Judicature for Rajasthan, 1952 directed the matter to be treated as PIL and be listed before a Division Bench as per the roster.
(3.) The Division Bench took cognizance and proceeded with the hearing of the matter. It was found that a particular parcel of land admeasuring 35 bighas comprised in khasra no.369 of revenue village Jodhpur was set apart for the purpose of the Education Department. The entire set apart land was given in the charge of the District Education Officer (Secondary Education) Jodhpur by the order dated 23.10.2001. A Society in the name of "Gaushala Maidan Krida Avam Vikas Samiti, Jodhpur" was registered on 19.2.2003. A meeting of the Society was held in the Chairmanship of the Collector, Jodhpur on 4.7.2006. In the said meeting, apart from taking various other decisions as regards the composition of the General Body of the Society, charging of fees from the persons using the land for the purposes of sports or for the purposes of walking/jogging and also for charging of the fees from the schools organizing sports activities, a decision was also taken that the vacant piece of land may be given for marriages and other ceremonial purposes until preparation of the ground for playing hockey, and construction of a indoor stadium. The Committee fixed Rs.5000/- per day as charges for giving the vacant piece of land for marriage and other ceremonial purposes.;