SANGEET LODHA,J. - (1.) By way of this writ petition, the petitioners have questioned the legality of the order dated 30.9.2016 issued by the District Collector, Nagaur, allotting the land measuring 0.8100 hectare out of 4.53 hectare land comprising khasra no.86 situated at village Gundisar for construction of building of Gram Panchayat, Gundisar. That apart, the petitioners have also challenged financial sanction issued by the District Programme Coordinator (EGS) vide order dated 7.1.2017, for construction of the building.
(2.) The facts relevant are that the Gram Panchayat, Langod was consisting of three villages namely, Langod, Gundisar and Noond. The local area of village Langod was excluded from Gram Panchayat Circle Langod and included in the territorial limit of newly constituted Municipal Board, Degana and accordingly, a new Gram Panchayat, Gundisar consisting of the villages Gundisar and Noond was proposed to be constituted. In this regard, the District Collector issued one month's notice as mandated under subsection (1) of Section 101 of the Rajasthan Panchayati Raj Act, 1994 (for short the Act). The residents of village Noond including the petitioners filed objections wherein the constitution of the Gram Panchayat as aforesaid was not objected to rather, the petitioners demanded that the headquarter of the Gram Panchayat should be established at Noond. The Gram Panchayat, Gundisar was constituted as proposed. The headquarter of Gram Panchayat was kept at village Gundisar. The petitioners made representations for establishing the headquarter of the Gram Panchayat at Noond but to no avail. Later, vide order dated 30.9.16, the land was allotted for construction of the building of Gram Panchayat at Gundisar and financial sanction for the said purpose was issued vide order dated 7.1.17 as aforesaid. Hence, this petition.
(3.) Learned counsel appearing for the petitioners contended that the objections were invited by the State Government by issuing notice under Section 101 against the constitution of the Gram Panchayat as proposed, however, the objections raised were not considered and straight away the notification constituting the Gram Panchayat was issued. Learned counsel submitted that the village Noond has larger population and facilities available and thus, the village Noond is best suited for the headquarter of the Gram Panchayat, Gundisar. Learned counsel submitted that for the construction of the building of Gram Panchayat, adequate Government land is also available at Noond and thus, the action of the respondents in establishing the headquarter of Gram Panchayat at Gundisar is ex facie illegal and arbitrary.;