Karni Dan vs State Of Rajasthan
2021 Latest Caselaw 9838 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6828/2021

Karni Dan S/o Khet Dan, Aged About 42 Years, Village Kajoi, Tehsil Bhaniyana, District Jaisalmer.

----Petitioner

Versus

1. State Of Rajasthan, Through Its Secretary Department Of Rural Development And Panchayati Raj, Rajasthan, Secretariat, Jaipur.

2. The District Collector, Jaisalmer.

3. Chief Executive Officer, Zila Parishad, Jaisalmer.

4. Development Officer, Panchayat Samiti Bhaniyana, District Jaisalmer.

5. Gram Vikas Adhikari, Gram Panchayat Kajoi, Tehsil Bhaniyana, District Jaisalmer.

6. Sarpanch, Gram Panchayat Kajoi, Tehsil Bhaniyana, District Jaisalmer.

                                                                    ----Respondents


For Petitioner(s)           :     Dr. RDSS Kharlia (through VC)
For Respondent(s)           :


                HON'BLE MR. JUSTICE VIJAY BISHNOI
                        Judgment / Order

28/06/2021

This writ petition has been filed by the petitioner with the

allegation that Sarpanch of Gram Panchayat Kajoi, Tehsil Bhaniyana,

District Jaisalmer is going to construct Panchayat Bhawan of Gram

Panchayat Kajoi at the place, which is not suitable for all the villagers.

In the writ petition, the petitioner is claiming that another land is

suitable for the purpose of construction of Gram Panchayat Bhawan as

the same is having good approach of all the villagers.

Having heard learned counsel for the petitioner and after going

through the material available on record, this Court is of the opinion

that construction of Public Utility buildings at Gram Panchyat level is

(2 of 2) [CW-6828/2021]

purely an administrative matter and this Court while exercising powers

under Sections 226 and 227 of the Constitution of Inda is not supposed

to interfere in the administrative matters untill it is demonstrated that

such administrative act is voilative of any law or suffering from

malafide. The counsel for petitioner is not able to satisfy this Court that

construction of Panchayat Bhawan is in voilation of any law or suffering

from malafide.

If the petitioner is raising any grievance regarding construction of

the Gram Panchayat Bhawan at a particular place, it is always open for

him to approach the administrative officers by raising his grievance.

Learned counsel for the petitioner has submitted that the

residents of Gram Panchayat Kajoi have already submitted various

representations to the District Collector Jaisalmer, however, the same

have not been considered by the District Collector till date.

In veiw of the above facts and circumstances of the case, this

Court is of the opinion that no case for interference is made out in this

writ petition and the same is hereby dismissed.

However, it is expected that if the residents of Gram Panchyat

Kajoi have submitted any representation before the District Collector

Jaisalmer raising their greivance regarding construction of the pachayat

bhawan at a particular place and the same is pending consideration till

date, the District Collector, Jaisalmer shall decide the same

expeditiously strictly in accordance with law.

Stay petition also stands disposed of.

(VIJAY BISHNOI),J

Surabhii/21-

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