Sharwan Kumar Bagla vs State of Rajasthan and Others

Sobhag Mal Jain, J.—An agreement between the petitioner and the trustees of respondents No. 5 and 6 has been arrived at and the terms agreed upon between the parties have been incorporated in the minutes of the meeting held on the 27th December, 1985 and a copy of the said minutes has been placed on record. An application to take the agreement on record has also been filed, The counsel for the parties submit that the writ petition can be disposed of in terms of the said agreement. The counsel however, urge that condition No. 3 may be suitably re-drawn by giving a direction to to the Government to spend towards the repairs of existing building amount of sale proceeds received by way of auction of the Malba of the demolished building and now in deposit with the Government.

In view of the agreement arrived at between the parties and the submissions made by their counsel, the writ petition deserves to be decided in terms of the agreement subject to the modification suggested by the counsel as above.

Accordingly, it is ordered:

(1) A gate may be constructed as at the entrance of the Hospital premises complex and area in the memory of R.S. Bhagwan Dassji Bagla. On the gate, marble slab''s engraved therein Block latters "Ray Bahadur Bhagwan Dass Bagla Hospital Complex, Churu (Rajasthan) jk;cgknqj Hkxokunkl ckxyk vLirky] pq: �jktLFkku� may be fixed;

(2) On Suvati Devi Ghanshyam Dass Mandavewals Shishu Kalyan Kendra building a marble slab''s be fixed to denote that Shri S.K. Bagla and his brothers, i.e., heirs and successors to R.B. Bhagwan Dass Bagla consent to the construction of Smt. Suvatidevi Ghanshyam Dass Mandavewala Shishu Kalyan Kendra building;

(3) The sale proceds of the Malba of the demolished building which is lying with the Rajasthan Government shall be spent by the Government on the repairs of the existing hospital;

(4) R. B. Bhagwan Dass Bagla, his heirs, successors may construct any block for the hospital in the area and put a marble slab at a suitable place for remembrance;

(5) The parties shall cooperate with Shri R.B. Bhagwan Dass Bagla in their efforts for the addition, improvements in the activities/functions regarding R.B. Bhagwan Dass Bagla hospital and other work''s taken over by R.B. Bhagwan Dass Bagla and his heirs and successors for the benefit of the General Public, Churu (Rajasthan); and

(6) Shri Laxminarnayanji Mandavewals has accepted to construct the proposed gate as desired in proposal No. 1 at his cost and has agreed to put the slabs required in proposal No. 2 at his cost.

The writ petition stands disposed of with the above directions. There will be no order to costs.