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Judgment
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 & 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'.
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.
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.
Mr. Joshi, learned counsel for the petitioners further argued that the order of the allotment dated 10.10.2014 has lived its life, inasmuch as no construction has been raised within a period of two years, as was required under condition No.3 of the letter of allotment dated 10.10.2014.
Be that as it may, the issue as to which is the proper/best place suitable for establishment of Primary Health Centre is to be determined by the State Government, of course, having regard to the various facts and factors. This Court can neither enter into the arena of the factual disputes nor can it adjudge the suitability in exercise of its writ jurisdiction.
The present writ petition is, therefore disposed of with the direction to the petitioner to make representation before the Principle Secretary, Medical and Health Department, Jaipur, along with a certified copy of the order instant. Concerned Secretary is simultaneously directed to consider such representation and all material filed therewith and decide as to which is the suitable place for establishing Primary Health Centre in Village Gagrana.
In case, the representation along with the copy of the order instant is filed within a period of seven days, the Secretary, Medical Health Centre shall decide the same as expeditiously as possible, preferably within a period of one month from receipt of the representation aforesaid.
Mr. R.S. Rathore, has filed an application on behalf of upsarpanch of village Gagrana, seeking his impleadment in the present writ petition. Since the present writ petition is not entertained, his application is disposed of with an observation that the applicant, namely Bhagwan Singh shall also be free to move representation before the Principle Secretary, Medical and Health Centre in terms of the present order.
With these observations, the writ petition as well as all the interlocutory applications stands disposed of.