Kavita Godara vs State Of Rajasthan ...
2023 Latest Caselaw 9262 Raj

Citation : 2023 Latest Caselaw 9262 Raj
Judgement Date : 7 November, 2023

Rajasthan High Court - Jodhpur

Kavita Godara vs State Of Rajasthan ... on 7 November, 2023

Bench: Rekha Borana

[2023:RJ-JD:38483]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16522/2023

1. Kavita Godara D/o Shri Kumbha Ram, Aged About 25 Years, Resident Of Rolasar, Tehsil Sardarshahar District Churu. At Present Block Member Of Block No. 25, Panchayat Samiti Sardarshahar District Churu.

2. Ami Lal S/o Shri Rewant Ram, Aged About 45 Years, Resident Of Rolasar Tehsil Sardarshahar District Churu.

----Petitioners Versus

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

2. The District Collector, Churu.

3. Chief Executive Officer, Zila Parishad, Churu.

4. Sub Divisonal Magistrate, Sardarshahar Distirct Churu.

5. Block Development Officer, Panchayat Samiti Sardarshahar Distirct Churu.

6. Gram Panchayat Rolasar Panchayat Samiti, Sardarshahar Distirct Churu Through Village Development Officer.

7. Prakash Punia, Gram Panchayat Rolasar Panchayat Samiti Sardarshahar Distirct Churu.

                                                                    ----Respondents


For Petitioner(s)            :     Mr. R.S. Choudhary
For Respondent(s)            :     Mr. Trilok Joshi



                HON'BLE MS. JUSTICE REKHA BORANA

                                    Judgment

07/11/2023

1. The present writ petition has been filed with a prayer for

restraining the Gram Panchayat, Rolasar from constructing the

Gram Panchayat Bhawan over the land which was kept reserved

for the well.

[2023:RJ-JD:38483] (2 of 3) [CW-16522/2023]

2. Learned counsel appearing for respondent No.7 in caveat

submits that complaint regarding construction of the Gram

Panchayat Bhawan on the same land had earlier been filed and an

inquiry on the same had also been conducted on the directions of

the Development Officer. Vide the inquiry report dated 13.10.2023

as conducted by the Assistant Engineer, it has been clarified that

land of the public well and the land whereupon the present Gram

Panchayat Bhawan is being constructed are totally different.

Learned counsel further submits that even construction of the

Gram Panchayat Bhawan is complete as of date.

3. The inquiry report dated 13.10.2023 and the photographs of

construction as furnished by counsel for respondent No.7 are

taken on record.

4. A bare perusal of the photographs as placed on record makes

it clear that construction of the Gram Panchayat Bhawan is almost

complete and a substantial amount has been spent on the same.

As held by the Division Bench in the case of Samast Gramvasi,

Gram Panchayat, Deluon Ka Tala Vs. State of Rajasthan &

Ors. (D.B. Civil Writ Petition No.13457/2021), it is the sole

discretion of the administration to decide the issues as to where a

government/public building is to be constructed. In Samast

Gramvasi's case (supra), the Division Bench held as under:

"Where the Panchayat Bhawan should be constructed is primarily a relief to be considered by the administration dependent on the ground realities particularly when the Panchayat Bhawan is to cater the needs of the villagers. The disputes invariably arise as to which Gram Panchayat should have the onus of having the Panchayat Bhawan constructed on the land. However, these are the issues to be judged by the administration and not by the Court. Unless the decision of the authority i.e. the Collector is

[2023:RJ-JD:38483] (3 of 3) [CW-16522/2023]

shown to be irrational, arbitrary or mala fide, the Court would not interfere."

5. Coming on to the fact whether the decision for construction

of the Gram Panchayat Bhawan on the land in question is irrational

or arbitrary, a perusal of the inquiry report is relevant. Vide the

same, it has been in unequivocal terms found that the land

whereupon construction of the Gram Panchayat Bhawan has been

undertaken is far away from the land reserved for well. In view of

the said report and in view of the fact that construction of the

Gram Panchayat Bhawan is already complete, this Court is not

inclined to interfere in the present writ petition.