High Court at Jodhpur dismissed a writ petition challenging the site selection for a Panchayat Bhawan, holding that site selection is the domain of the elected Panchayat body to gauge public interest, absent malafides.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. Civil Writ Petition No. 1775/2022
Dharmendra Kumar S/o Shri Chena Ram, Aged About 27 Years, R/o Chimniyo Ki Dhani, Kumpaliya, District Barmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vinay Jain.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
13/10/2022
Heard learned counsel for the petitioner.
The present writ petition has been filed for the following
relief:-
“(1) by an appropriate writ, order or direction, order dated 12.01.2022 (Annex.9) passed by District Collector may kindly be quashed and set aside, it be passed that new Gram Panchayat Bhawan be constructed in Khasra No.170/114 of village Chimoniyo Ki Dhani, further resolution dated 26.06.2020 (Annex.3) should also be quashed and set aside or in alternate, it be passed that District Collector should pass fresh order, after hearing petitioner and other villagers”.
(2 of 2)
[CW-1775/2022]
Learned counsel for the petitioner submits that the Khasra No.170/114 of village Chimoniyo Ki Dhani is the original and most suitable place where the Panchayat Bhawan was to be constructed. However, without any rhyme and reason, the location for construction of Panchayat Bhawan has been changed and now, the same is being constructed at Khasra No.198/70. He, therefore, prays that the writ petition may kindly be allowed and the Panchayat Bhawan may be directed to be constructed at Khasra No.170/114 of village Chimoniyo Ki Dhani.
Considering the submissions made by learned counsel for the petitioner, this court is of the view that where the Panchayat Bhawan is to be constructed should be left to the domain of elected body of the Panchayat. The Panchayat carries will of the people and since they are located at the grass root level, therefore, they are in the best position to gauge larger public interest for better utilization of the Panchayat Bhawan in a particular area.
Unless any malafide or any ulterior motive is shown, in normal circumstances, no writ can be issued for shifting of the Panchayat Bhawan from a particular place to some other place. Therefore, this court does not feel persuaded to interfere in the writ petition filed by the petitioner under Article 226 of the Constitution of India. Consequently, the writ petition filed by the petitioner is dismissed.
(VINIT KUMAR MATHUR),J
41-AnilSingh/-
Dharmendra Kumar S/o Shri Chena Ram
State Of Rajasthan
District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme, Barmer
District Collector, Barmer
Chief Executive Officer, Zila Parishad, Barmer
Sub Divisional Magistrate, Gida, District Barmer
Vinit Kumar Mathur
As recorded by the court registry
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