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Judgment
This writ petition has been filed by the petitioner No.1,
Gram Sevak, Gram Panchayat Picholiya, Panchayat Samiti,
Pisangan, District Ajmer, and petitioner No.2, Sarpanch,
Gram Panchayat Picholiya, Panchayat Samiti Pisangan,
District Ajmer aggrieved by the action of the respondents in
directing recovery of the loss caused to the Gram Panchayat
concerned, on account of purchases of Solar Street Lights made without undertaking the tender process in accordance
with law, from a person other than the firm holding valid
rate contract with Director General, Supplies & Disposal
(D.G.S.&D) of Government of India and at the rate higher
than the rate prescribed.
Learned counsel appearing for the parties submit that
the controversy involved in this writ petition stands covered
by decision of this Court dated 8.2.16 rendered in the
matter of ''Har Govind Singh vs. State of Rajasthan & Ors.''
(S.B.Civil Writ Petition No. 13949/2015 & 215 other
connected matters), the operative portion whereof reads as
under :
"In the result, the writ petitions succeed, the same are hereby allowed. The impugned demands created against the petitioners by the respondents are quashed. The matter shall stand remanded to the competent authority to pass an appropriate order afresh, after giving an opportunity of hearing to the petitioners in accordance with law. The amount already deposited by the petitioners against the demands created, pursuant to the interim order passed by this Court or otherwise, shall be subject to final outcome of the inquiry to be conducted by the competent authority. If the petitioners are held liable for the loss, if any, caused to the Panchayati Raj Institution, the amount already deposited by them, shall be adjusted against the demand created, if any. Needless to say that if the petitioners are exonerated, the amount, if any, deposited by them or where the demand created against them is found to be less than the amount already deposited by them, the excess amount, shall be refunded to them. No order as to costs."
Accordingly, this writ petition is also disposed of in the
light of decision rendered in the matter of Har Govind
Singh''s case (supra).