DINESH MEHTA,J. - (1.) The present writ petition has been preferred for the following reliefs:- (A) By an appropriate writ order or direction, the respondents may kindly be directed to raise construction of new P.H.C. building at village Gagrana Tehsil Merta City, District Nagaur over the donated land by Sagar Jain and his family members vide annexure.1 gift deed to the respondent divisional chief medical and health officer P.H.C. Gagrana Tehsil Merta, District Nagaur 2/3 portion of the entire land bearing Khasra no.493(old) new Khasra no.2327 measuring 0.40 hector and Khasra no.3(old) new Khasra no.2328 measuring 0.24 hector and Khasra no.2329 measuring 0.15 hector situated at village Gagrana Tehsil Merta, District Nagaur gifted vide annexure.1 in place of the disputed land allotted vide annexure.1 in the interest of public at large of village Gagrana and also in the interest of petitioner. (B) By an appropriate order or direction the impugned orders, annexure 5 dated 10.10.2014 passed by respondents District collector Nagaur and the impugned revenue entry mutated in jamabandi vide annexure 9 deserves to be quashed and be set aside. (C) By an appropriate writ, order or direction the respondents may be directed that in pursuance of ann.5 allotment order and land mutated in annexure 9 revenue Jamabandi they will not raise the construction of new P.H.C. building over the disputed land in the interest of public at large of villager Gagrana and also in the interest of petitioners. (D) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (E) Writ petition filed by the petitioners may kindly be allowed with costs."? Mr. Joshi, learned counsel appearing for the petitioners submits that on 10.10.2014, a parcel of land ad-measuring 0.49 hectare in Khasara No.2443 of village Gagrana was allotted for establishment of Primary Health Centre under the Rajasthan Land Revenue (Condition for Allotment of unoccupied Govt. agriculture lands for the construction of schools, colleges, dispensaries, Dharmshalas and other buildings of public Utility) Rules, 1963. However, for one reason or the other, no construction was carried out on said land. It is the case of the petitioner that the hospital was not constructed as the land was adjoining a village pond and the nature of land was 'ger mumkin magra'.
(2.) Since the hospital was not being constructed, one Sagar Mal Jain gifted his land situated in Khasra No.2327 in village Gagrana to the Medical and Health Department for construction of Primary Health Centre, Gagrana by way of registered gift deed dated 11.01.2018.
(3.) It is the assertion of the petitioner that the land given by way of aforesaid gift deed is the most appropriate land, being situated in the centre of the village and near bus stand; whereas the land on which the construction of Primary Health Centre is under way is not suitable.;