VIJAY BISHNOI
Swaroopa Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - This writ petition has been filed by the petitioner with the following prayers:
2. It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the writ petition, call for the record and :-
ii) By an appropriate writ, order or direction, the respondents be restrained to raise further construction at the said proposed land i.e. Khasra No. 336 for construction of Gram Panchayat Bhawan and status quo in this regard, may kindly be ordered to be maintained.
iii) By an appropriate writ, order or direction, the respondents may kindly be directed to build the Panchayat Bhawan at Khasra no. 376/239 which was eariler allotted vide order dated 02.09.2020 for the construction of Panchayat Bhawan.
iv) Without prejudice from above prayer, by an appropriate writ, order or direction, the respondents may kindly be directed that a lot the new land nearest and suitable place of the all villages of the Gram Panchayat, Laxmipura.
v) Any other appropriate order or direction
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.
The petitioner must demonstrate malafide or violation of law to challenge the allotment of land for construction.
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 importance of Gram Sabha resolutions for construction decisions and the non-statutory nature of guidelines issued by the State Government.
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.
The administration has the discretion to decide the location of government/public buildings, and the court will not interfere unless the decision is irrational, arbitrary, or mala fide.
The decision on construction sites by governmental authorities is a policy matter, not open to judicial review unless mala fides are present.
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