- (1.) THIS petition has been filed challenging the site-ment of the Sub-tehsil building in khasra No.1047 in village Madhorajpura, Tehsil Phagi, District Jaipur.
(2.) THE case of the petitioner is that the site for construction of building of Sub-Tehsil at village Madhorajpura in Khasra No.1047 is not appropriate as the site is presently in the catchment area for a tank and that even otherwise there are several deep pits on the site chosen which will entail wasteful expanding of public revenue in levelling the site chosen and preparing it for the construction of the sub-teshil office. It has also been prayed that the building of Sub-tehsil Madhorajpura be located at Khasra No.1777 which is a more suitable piece of land for the purpose. On notice, the respondents have filed reply to the writ petition. It has been submitted that writ petition deserves to be dismissed for several reasons. For one, the issue of site-ment of the building is an administrative issue, which is not amenable to jurisdiction of this court. It has further been submitted that the petitioner has no legal or fundamental right to lay a writ petition, and also that in any event the site which has been chosen for construction of the building of sub-tehsil is the most appropriate, because the said land in issue cannot be used either for Charagah or agricultural activities and was lying waste. Further the land in Khasra No.1777 as suggested by the petitioner as a building site is a charagah land to use for the cattle of the village. It has been pointed out to this court that another villager one Gopal Lal s/o Gyarsi Lal had laid a suit before the Civil Judge (Junior Division) Dudu, District Jaipur with regard to same issue of sitement of the building of Sub-tehsil Madhorajpura on Khasra No.1047. Accompanying the suit an application for temporary injunction was also filed. The said application for temporary injunction has been dismissed by the trial court on 16-4-2012. Thereafter the present writ petition has been filed on 27-4-2012 apparently after having failed before the civil court and the dismissal of the application for temporary injunction. It has been submitted that normally in matters such as the present one persons having vested interest commence multiple litigations just to hamper developmental hoping that the huge backlog in courts and paucity of time with the courts will facilitate confusion and the obstruction sought for their advantage either monetary, political or just to enhance their nuisance value in society. Having heard learned counsel for the parties, and perused the material available on record of writ petition, I am of the view that the petitioner has no legal or fundamental right to challenge the issue of sitement of the building of Sub-tehsil Madhorajpura, more so when another villager Gopal Lal has failed to get any temporary injunction in the matter before the Civil Court. The issue of sitement of the building of Sub-tehsil Madhorajpura is purely an administrative decision. There is no material on record before this court to come to a conclusion that there is any unfairness or arbitrary action in the administrative decision, particularly when the land of Khasra No.1047 so chosen for construction of the building is waste land sought to be put to use. It is not for each citizen to dictate administrative decisions. Such a course would be a prescription of administrative chaos and paralysis. Unless a clear case of malafide or arbitrariness is made out administrative decisions are beyond the reach of courts. No such ground of malafide or arbitrariness has been made out in this case. I therefore find no force in the writ petition, and the same is dismissed with cost of Rs.10,000/- to be paid to the Rajasthan High Court Bar Association, Jaipur, Rajasthan.
(3.) COPY of this order be sent to the Rajasthan High Court Bar Association, Jaipur. Stay application also stands dismissed.;