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previous state government before the dissolution of the
State Assembly had been returned to power with a fresh
mandate after the election. It was a complete change of
government from the previous government under the rule of
PAS to a new government under the Barisan National. The
respondents being mere government servants, may want
to wait for further instructions. It was due to the change in
the government that prompted Haji Hashim bin Mamat, to
issue the instructions dated 23.3.2004 to all District Land
Administrators to freeze temporarily certain matters
pertaining to administration of land in the state.
[28] One cannot impute bad faith purely on mere refusal to
accept payment. The directive issued by the State Director
of Lands and Mines was purely administrative in nature. It
was done out of prudence to preserve the status quo
during the transitional period or „vacuum‟ pending the
formation of the new state government. Section 12(3)(a) of
the Code states that the State Director of Lands and Mines is
responsible to the State Authority for the due administration
within the state of the provisions of the Code. Under section
12(3)(d), the State Director of Lands and Mines is
empowered to exercise general control and supervision of
his officers. It cannot be said that it was done in bad faith
when what he did was within his power. The definition of
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