Back
VIJAY BISHNOI
Gram Panchayat Sohangarh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. This writ petition is filed by the petitioner - Gram Panchayat through its Sarpanch challenging the validity of the order dated 26.06.2021 (Annexure-15) passed by the District Collector, Rajsamand, whereby the District Collector, Rajsamand has directed the Sub Divisional Officer, Deogarh to allot land for the purpose of construction of Gram Panchayat Bhawan of Gram Panchayat, Sohangarh at Araji No.369 of Village Sirodhaniya, District Rajsamand instead of Araji No.466 of Village Sirola. It is further prayed that the respondents may be directed to construct the Gram Panchayat Bhawan in Gram Panchayat, Sohangarh at Khasra No.466 of Village Sirola.
2. As per the averments made in this writ petition, the Sub Divisional Officer, Deogarh, District Rajsmand vide Order dated 11.08.2020 (Annexure-6) allotted the land of Khasra No. 466 of Village Sirola for the purpose of construction of Gram Panchayat Bhawan of Gram Panchayat Sohangarh. It is claimed by the petitioner that the said land was allotted by the Sub Divisional Officer, Devgarh as per the resolution of Gram Sabha of Gram Panchayat, Sohangarh. It is also claimed that the land of Araji No. 466 of Village Sirola is most suit
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 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.
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....
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 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 importance of Gram Sabha resolutions for construction decisions and the non-statutory nature of guidelines issued by the State Government.
The court directed the District Collector to decide on the suitable land for the Panchayat Bhawan, emphasizing the need for a reasoned decision in the interest of the community.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
