KANTHI RAM SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) BY the medium of the present writ petition, the petitioner has sought writ of mandamus, commanding the respondents No. 1 to 6 to carry out the construction work of additional room of the Panchayat Ghar on Khasra No. 1344 in Magoniya on the land gifted by the petitioners and further commanding them to stop the construction work of additional room of Panchayat Ghar at Shadar, on the grounds taken in the memo of petition.

(2.) THE respondents have filed reply to the writ petition, wherein they have averred that they have examined the matter, came to the conclusion that the said room is to be constructed at Shadar, place near the existing Panchayat Ghar of Ranfua Jabrog after taking the expert opinion and the said decision was made in terms of the resolutions vide Annexures R -1 to 14 and Annexure 16 & 17, the details of which have been given in para 3 of the reply.

(3.) THIS Court has also held in CWP No. 621 of 2014, titled as Nand Lal & another versus State of H.P. & others and CWP No. 7115 of 2013, titled as Sher Singh versus State of H.P. & others, that the decision of the Government cannot be questioned by the petitioner, unless it is arbitrary, malafide or based on other consideration.