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ARUN BHANSALI
Local Community Gram Panachayat Aratwav – Appellant
Versus
Divisional Officer – Respondent
JUDGMENT
arun Bhansali, J. - This writ petition has been filed by the petitioner aggrieved against the Resolution dated 1.1.2021 (annex.P/2) passed by the Gram Panchayat, aratwav, order dated 7.1.2021 (annex.P/4) passed by the Sub-Divisional Officer, Guda Malani, order dated 24.3.2021 (annex.P/9) passed by the Revenue appellate authority and order dated 30.3.2022 (annex.P/11) passed by the Board of Revenue and seeking a direction to the respondents not to raise any construction regarding the Panchayat Bhawan and a direction to the respondents to allot land in Khasra No.500 near Government Upper Primary School.
2. The respondent - Gram Panchayat in its Special Meeting dated 1.1.2021 passed the Resolution for allotment of land in Khasra No.395 admeasuring 2.05 bigha for construction of Gram Panchayat Bhawan. Whereafter, an application was made to the Tehsildar, Tehsil Guda Malani and the SDO by order dated 7.1.2021, allotted the land in question to the Gram panchayat.
3. Feeling aggrieved, the petitioners who were apparently interested in construction of the Gram Panchayat Bhawan in Khasra No.500, filed appeal before the Revenue appellate authority under Section 75 of the Rajasthan Land
The court emphasized that new issues cannot be raised in a writ petition that were not raised before the lower courts, and the court cannot adjudicate the appropriate location for the construction of....
The petitioner must demonstrate malafide or violation of law to challenge the allotment of land for construction.
The court emphasized the importance of demonstrating malafide or violation of law in challenging administrative decisions such as land allotment.
Administrative decisions regarding land allotment are upheld unless malafide intent or legal violations are proven.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
The importance of Gram Sabha resolutions for construction decisions and the non-statutory nature of guidelines issued by the State Government.
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
Judicial review of administrative decisions is limited to instances of legal violations or malafide actions, reaffirming the authority of government functionaries in public utility matters.
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