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AUGUSTINE GEORGE MASIH, VINIT KUMAR MATHUR
Rewat Ram, S/o. Rupa Ram Mali – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Rural Department and Panchayati Raj – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. The present appeal has been filed against the order dated 11.08.2023 passed by learned Single Judge, whereby the writ petition preferred by the appellants-petitioners was dismissed.
3. Briefly, the facts noted in the present appeal are that the appellants are the Elected Members of the Gram Sabha/Gram Panchayat, Sindhiyon ki Dhani, Tehsil Tinwari, district Jodhpur. A proposal dated 11.08.2020 was sent by the Tehsildar, Panchayat Samiti, Tinwari and to this effect a recommendation was also made by the Vikas Adhikari, Panchayat Samiti, Tinwari on 15.12.2020 with regard to construction of Panchayat Bhawan in Khasra No.336/5, Panchayat Samiti, Tinwari. Opposing such proposal and recommendation for construction of the Panchayat Bhawan at Khasra No.336/5, the appellants pray that the earlier proposal for construction of Panchayat Bhawan over the land bearing Khasra Nos. 347 and 401, Sindhiyon ki Dhani, Tehsil Tinwari should have been implemented on the ground that the location of Panchayat Bhawan in Khasra Nos.347 and 401 is more conducive and beneficial for the larger interests of the villagers. The construction of Panchayat Bhawan
The main legal point established in the judgment is that the State Government's decision for construction of public utility buildings is not mandatorily bound by the proposals and recommendations of ....
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 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 decision on construction sites by governmental authorities is a policy matter, not open to judicial review unless mala fides are present.
The selection of the site for the construction of a Panchayat Sarkar Bhavan is under the exclusive jurisdiction of the Gram Panchayat and the State Government, and the court will not intervene in suc....
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