The court will not interfere with the decision of the State authorities regarding the construction of public buildings unless there is evidence of malafides or violation of statutory rules.

JUDGMENT

1. Matter has come up on an application under Article 226(3) of Constitution of India to vacate the stay order dated 10.02.2021 staying the construction of Panchayat Bhawan.

2. With the consent of counsel for both parties arguments on writ petition itself have been heard finally on merits.

3. By way of filing the present public interest litigation, petitioners on behalf of villagers of village Sundo ka Bas, Tehsil Renwal, District Jaipur have opposed the construction of Panchayat Bhawan in private land of Khasra No.786/1 donated by respondent No. 10 and have sought direction for construction of Panchayat Bhawan on land of Khasra No.765/2 allotted to Panchayat vide patta No.11 dated 02.09.2020.

4. It appears that Gram Panchayat, Sundo Ka Bas, Tehsil Renwal, District Jaipur rural is newly created Panchayat and there is some inter se dispute among villagers with regard to the place for construction of Panchayat Bhawan and Mini Secretariat for Gram Panchayat. The case of petitioners is that a land measuring 4200 square yards in Khasra No.765/2 has been allotted to Gram Panchayat on 02.09.2020 and same is more appropriate and suitable for construction of Gram Panchayat. But private respondent No.10 has donated his land measuring 7 biswa of Khasra No.786/1 in village, Sundo ka Bas, Tehsil Renwal, District Jaipur to Gram Panchayat for the purpose of construction of Panchayat Bhawan and Sarpanch of Gram Panchayat has started construction of Panchayat Bhawan and Mini Secretariat on the donated land, instead of available land of Khasra No.765/2.

5. Learned counsel for petitioners has submitted that private respondent No.10 is close relative to the respondent No.9Sarpanch of Panchayat and Sarpanch of village, just to give undue benefit to his relative got donation of a land in Khasra No.786/1. As a matter of fact, the donated land falls under water down catchment area and is of less area than Khasra No.765/2, however, the Sarpanch instead of utilizing land of Khasra No.765/2 has started construction of Panchayat Bhawan on the donated land that too without seeking sanction from the authorities. The action of Sarpanch is also contrary to the approval granted by the Government i.e. Khasra No.765/2.

6. On issuing notice to respondents, respondent State authorities filed reply and submitted that the facts mentioned in petition are not true. The land of Khasra No.786/1 in village, Sundo ka Bas, Tehsil Renwal, District Jaipur was donated through registered deed, thereafter, mutation of donated land has been entered in the name of Gram Panchayat. Further the District Collector, Jaipur vide order No.243-44 dated 04.02.2021 has issued administrative and financial sanction for construction of Panchayat Bhawan on such land. According to State authorities the construction of Panchayat Bhawan on the donated land of Khasra No.786/1 would be convenient to villagers of village and is in the larger interest of villagers and would be more convenient for villagers of village, Sundo Ka Bas, therefore, the writ petition is against public interest and be dismissed and interim stay order be vacated.

7. Private respondents have urged that petitioners have some personal grudges against private respondents and therefore, they have preferred instant public interest litigation to stall the construction of Panchayat Bhawan on the land of Khasra No.786/1.

8. Heard learned counsel for both parties and perused the material available on record.

9. We are of the opinion that it is for the State authorities to decide as to where and on which land Panchayat Bhawan and Mini Secretariat for the Gram Panchayat, Sundo Ka Bas is to be constructed. It is not for this Court to substitute over the wisdom and decision of State authorities, who are competent to consider the larger interest of villagers. If, in the opinion of State authorities construction of Panchayat Bhawan over the land of Khasra No.786/1 is more convenient and beneficial for villagers, we are not inclined to inter