P.K. Lohra, J. - (1.) A fierce battle of supremacy is the genesis of these two writ petitions. In the writ petitions, Alluron ki Dhani and Allukhan ki Dhani are pitted against each other by locking horns for construction of a Government Primary School at a particular location. Writ Petition No. 1557 of 2014 is preferred by one Ide Khan for quashing order Dt. 14.01.2014 (Annex. 8) and a further prayer for construction of a School building at Alluron ki Dhani and allocation of appropriate funds for construction of School. For substantiating his case, the petitioner has pleaded in the writ petition that at the threshold in compliance of order passed by Joint Secretary, Elementary Education (Planning), Senior Deputy District Education Officer cum Block Elementary Education Officer, Panchayat Samiti, Sankra, Pokran issued office order Dt. 01.07.2013 for establishment of primary School at Alluron ki Dhani, Jalora Pokarna. After issuance of the said order, the villagers of Alluron ki Dhani convened a meeting and constituted a School Management Committee on 05.07.2013. Pursuant to order Dt. 01.07.2013, one Meer Hasan Sarif, Shiksha Sahyogi was ordered to be posted at Government Primary School, Alluron ki Dhani by order Dt. 04.07.2013 and one Mr. Dhanraj Meena, Teacher Gr. III was also appointed vide order Dt. 11.09.2013. Subsequently, by order Dt. 16.09.2013, requisite budget for construction of School building was also sanctioned by District Programme Coordinator, Sarva Shiksha Abhiyan, Jaisalmer. However, after sanction of budget, an order was issued by the Sub Divisional Officer, Bhaniyana on 13.01.2014, whereby land for construction of Government Primary School, Allukhan ki Dhani, Jalora Pokarna was allotted. It appears that the aforesaid order was issued by the Sub Divisional Officer Bhaniyana under some bona fide mistake and therefore a corrigendum order was issued on 07.02.2014 clarifying that the said order refers to Alluron ki Dhani and not Allukhan ki Dhani. Petitioner has specifically pleaded that construction of the School building has also commenced. After issuance of show cause notice on behalf of State, Assistant of Addl. Advocate General appeared and prayed for time to file reply. Before filing of reply by the State, on behalf of petitioner, an Addl. Affidavit of the petitioner alongwith a report of Patwari, Village Jalora Pokarna to Tehsildar, Bhaniyana with Jamabandi of the land, wherein it was clarified that the proposed construction is being carried out at the appropriate site where the School was proposed to be constructed, was submitted.
(2.) IN response to show cause notice, on behalf of respondents, affidavit of one Kan Singh Bhati, Addl. District Project Coordinator, Sarva Shiksha Abhiyan, Jaisalmer was submitted. In Para 3 it is clarified that Government Primary School, Alluron ki Dhani was started under the orders Dt. 01.07.2013 and Mr. Meer Hassan, Shiksha Sahyogi has been deputed. It is also clarified in the affidavit that Dhanraj Meena, Teacher Gr. III, has also been posted at Government Primary School, Alluron ki Dhani. The requisite sanction for construction of School at Alluron ki Dhani to the tune of Rupees seven lacs in favour of School Management Committee was also emphasized in the affidavit. In Para 8 of the affidavit, it was made clear that decision for establishment of School at Allukhan ki Dhani was made by the office of Sub Divisional Officer, Bhaniyana, District Jaisalmer for the reason that although one School was existing at Alluron ki Dhani but building for the same was not available. The Second Writ Petition No. 1869 of 2014 is filed by Hussain Khan and others challenging the order Dt. 07.02.2014 (Annex. 6), whereby the Sub Divisional Officer, Bhaniyana has issued a corrigendum that in the earlier order Dt. 13.01.2014 Primary School has wrongly been mentioned and therefore the respondents be directed to construct Government Primary School at Allukhan ki Dhani, Village Jalora Pokarana. The petitioners in the instant writ petition have precisely relied on order Dt. 13.01.2014 issued by Sub Divisional Officer, Bhaniyana, which indicates allotment of land for construction of Government Primary School at Allukhan ki Dhani, Jalora Pokarna. Alongwith the writ petition, petitioners have also filed supporting documents including enquiry report of Addl. Elementary Block Elementary Officer, wherein he has mentioned that in Allukhan ki Dhani 50 families are residing and total number of students for imparting primary education are 60 to 70. Yet another enquiry report of the same officer is submitted wherein it is mentioned that only 20 to 30 families are residing at Alluron ki Dhani and only 19 students are available for imparting primary education. In response to show cause notice on behalf of respondents, reply to the writ petition is submitted, wherein it is mentioned that requisite orders for establishment of School were in fact issued for Alluron ki Dhani and not for Allukhan ki Dhani. Emphasizing dire need for construction of a Government Primary School at Alluron ki Dhani, it is submitted in the reply that presently the School is running in community hall and therefore a separate building for School is required. The respondents have also clarified that requisite amount has been sanctioned for construction of Government Primary School at Alluron ki Dhani and construction has commenced under the supervision of School Management Committee and presently the construction has already reached to the plinth level and approximately Rupees three lacs have already been spent for the said construction. Thus, in totality, the respondents have categorically refuted the claim of the petitioners and submitted that there was no proposal for establishment of Government Primary School at Allukhan ki Dhani.
(3.) MR . Kuldeep Mathur, learned counsel for the petitioner, has submitted that right from inception the proposal was for establishment of Government Primary School at Alluron ki Dhani and therefore order Dt. 14.02.2014 (Annex. 8) whereby construction has been stopped is liable to be quashed and set aside and the reliefs prayed for in the writ petition may be granted to the petitioner. Mr. Mathur has also argued that in view of affidavit submitted by Addl. District Project Coordinator, Sarva Shiksha Abhiyan, Jaisalmer, decks are clear for construction of School at Alluron ki Dhani and therefore the order impugned cannot be sustained.;