- (1.) This writ petition in the form of public interest litigation has been preferred seeking the following reliefs:"10/A. By an appropriate writ, order or direction, the order dated 29.11.2017 (Annex. 7) passed by the District Collector and District Program Coordinator NAREGA, may kindly be declared illegal and be quashed and set aside. "10/B. By an appropriate writ, order or direction, the respondents be restrained to raise construction of the office of Gram Panchayat Bhawan of Gram Panchayat Govindpura on the present site situated in Khasra No. 699 and 699/1 with immediate effect. 10/C. In the alternative, without prejudice to above, the respondents be directed to construct the office of Gram Panchayat Govindpura at an appropriate place near the Abadi Area of Village Govindpura in accordance with the provisions of Panchayati Raj Act and Rules made thereunder. 10/D. By an appropriate writ, order or direction, the Resolution passed by the Gram Panchayat dated 2.10.2017 (Annex-3) for raising construction of Office of Gram Panchayat Govindpura and the relevant Khasras i.e. 699 and 699/1 may kindly be declared illegal and be quashed and set aside. 10/E. Any other appropriate order or direction, which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 10/F. The costs may kindly be awarded in favour of the petitioner."
(2.) As the pleaded facts would reveal, the present petitioners are the residents of Village Chandsama, Tehsil Dechu, District Jodhpur. The grievance as raised in the present petition is arising out of the decision of the Panchayati Raj Department to raise construction over the revenue land and agricultural land in Khasra No.699 on Abadi land for Panchayat Bhawan of Govindpura.
(3.) Learned counsel for the petitioners submits that Khasra No.699 is part and parcel of Village Chandsama and the construction, which is being made is on the public way declared under the Revenue Record. As per learned counsel for the petitioners, the said public way travels from Chandsama Chouraha to Jeevanlai Nadi and also passed through khasra No.485, where graveyard/place for cremation is existing. Learned counsel for the petitioners thus submits that such construction of the Office of Gram Panchayat, Govindpura would certainly obstruct and block the public way.;