"6. It is true that in exercise of writ jurisdiction under Article 226 of the Constitution of India, this Court is not to sit in appeal over an administrative decision. However, what is required to be noted is that it was not that either the District Planning and Development Committee or the Joint Director of Public Health or the State Government had considered the two rival claims, one of the Alsand Gram Panchayat and the other of Pare Gram Panchayat. If the State Government had considered the matter in this perspective, the matter would stand on a different footing. However, in the facts of the instant case, it appears to be almost undisputed that the claim of the Alsand Gram Panchayat or the resolution of the Khanapur Panchayat Samiti passed on 18th October 2010 was not at all placed before any of the authorities, viz. the District Planning and Development Committee or the Joint Director of Public Health or the State Government. On this short ground alone, that is to say that the impugned decision was taken without taking into account all the relevant factors, we set aside the impugned order dated 18th December 2010 and direct that the fresh decision be taken on the question of shifting of Primary Health Centre from Vita to village Pare after considering all the relevant material including the resolution dated 18th October 2010 of Khanapur Panchayat Samiti and such other material as may be considered relevant by the State Government.
