1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- WRIT MISC APPLICATIO No. 5 of 2009 NAND KISHORE HOLANI & ORS. V/S STATE & ORS. Mr. MR SINGHVI, for the appellant / petitioner Date of Order : 21.1.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel on the application. It is contended that the statement was made by the learned counsel about the construction of the building being already afoot without instructions, and under some communication gap, as by then the land was not allotted. We are not supposed to go into the question, as to whether the learned counsel had the appropriate and requisite communication at that time, or not, the fact does remain that the writ petition was disposed of substantially in view of this fact, that it was stated that construction is already afoot, otherwise we would have gone into the merits of the order of the State Government, being Annex.6 and 5 on their own merits. We cannot restrain ourselves from observing that it is strange that a running school, being Government Upper Primary School No.1, was ordered to be dislodged vide 2 Annex.5, and the building was ordered to be handed over to the applicant, the registered private society, who only contemplated to establish a college, leaving the running school high and dry, purportedly for a period of one year, and when that was challenged, a picture was projected, as if the private respondent would be completing the construction, and would be shifting its college in the new building, and therefore, projected an equitable face to allow college to run, more so when 5 months have already passed. On the face of it, the orders, Annex.5 and 6 were wholly bad, and it can be apprehended that in the garb of this application, and pendency of this application, the applicant might seek to continue to run the said college in the building of school, and might seek advantage thereof in the matter of continuing to function there for long time till the applicant desires. We are not inclined to countenance any such design in the garb of any such application. The application is, therefore, dismissed. The State Government is directed to forthwith take possession of the building from the applicant college, and hand it over back to the Government Upper Primary School No.1, Deedwana without any further loss of time. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/