SBCWP NO.3527/2007 – ADHREEM KHAN V/S STATE AND ORS. : JUDGMENT DTD.9.5.2008. 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.3527/2007 Adhreem Khan versus The State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI None present for the petitioner. Mr.L.D. Khatri, for the respondents DATE OF JUDGMENT : 9th May, 2008. JUDGMENT 1. Heard the learned counsel. 2. This writ petition is directed against the order dtd.17.4.2007 Annex.13 issued by the Joint Director, Banjar Bhumi Jal Grahan Vikas Evam Bhu-Sanrakshan Vibhag, Jaipur SBCWP NO.3527/2007 – ADHREEM KHAN V/S STATE AND ORS. : JUDGMENT DTD.9.5.2008. 2/3 and Annex.14 dated 18.5.2007 issued by the Chief Executive Officer, Zila Parishad, Jaisalmer. 3. By these orders, the aforesaid authorities assigned the work of Water Conservation Scheme in Maulana Azad Nagar, a scheme announced by the State Government known as Hariyali Batch-II scheme. For the said area under the order td.3.7.2006 referred to in Annex.14 a committee was constituted by the private respondents under Annex.5 resolution dtd.2.12.2005 and it was recommended to be assigned the said work by Zila Parishad under Annex.13 dtd.17.4.2007. The present petitioner has come with the case that since the Committee in this regard was already constituted under resolution Annex.3 dated15.10.2005, the respondents had no authority to supersede that committee and assign the work in question to another Committee. 4. Having heard the learned counsel for the respondents, this Court is of the opinion that the case involves seriously disputed question of facts and since no malafides have been alleged against the respondent – Authority, this Court is not SBCWP NO.3527/2007 – ADHREEM KHAN V/S STATE AND ORS. : JUDGMENT DTD.9.5.2008. 3/3 inclined to go into these disputed questions of facts in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India. The Committee constituted by the respondents under resolution Annex.5 dated 2.12.2005 and the said Committee was assigned the said work, which is ofcourse a work of larger public interest of the said area and it needs to be undertaken and completed on urgent priority basis in view of forthcoming monsoon season. However, the said work could not be undertaken due to exparte interim order passed by this Court on 8.6.2007 staying operation of the aforesaid impugned order dtd.17.5.2007 and 18.5.2007. 5. The present writ petitions is, thus, found to be devoid of any merit and the same is accordingly dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.s-2 Ss/-