PANKAJ BHANDARI, ANOOP KUMAR DHAND
Vijay Narayan Sharma – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
Anoop Kumar Dhand, J. - The petitioners have filed this writ petition under Article 226 of the Constitution of India with the following prayers:
(i) the respondents may kindly be directed to immediately take appropriate action in the matter and proposal/work of creating a new Gram Panchayat Building on land of Khasra No.3418/1 be immediately stopped/cancelled.
(ii) it is further prayed that instead of creating a new building for Gram Panchayat at Khasra No.3418/1 which is almost 3 KM far away from the approach of the local citizens who are beneficiary and for which respondents are going to create a new building of the Gram Panchayat, the respondents be directed to develop/create existing building of the Gram Panchayat while incorporating the land of the closed/merged school and sanctioned budget of Rs.25.00 lacs be transferred for said purpose immediately.
2. As per the averments made in the writ petition, the building of Gram Panchayat, Diggi is situated at the location which is convenient to the local residents, but the District Collector, Tonk has alloted one Bigha land at KhasraNo.3418/1 at Diggi for the construction of new building of Gram Panchayat, Diggi, District Tonk, wh
J.R. Raghupathy Vs. State of A.P. reported in (1988) 4 SCC 364
Judicial review of government policy decisions regarding public utility construction is only permissible in cases of flagrant violation of law or mala fides.
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 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.
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