Urmila Devi vs The State Of Bihar
2023 Latest Caselaw 3742 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.22327 of 2019
     ======================================================

Urmila Devi, Wife of Bangali Rajvanshi, Resident of ward no. 5, Village Parina, P.S. Nardiganj, District- Nawada.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Panchayati Rajya Bibhag, Patna.

2. The District Magistrate, Nawada.

3. The District Panchayat Officer, Nawada.

4. The Anchal Adhikari Nardiganj, Nawada.

5. The Mukhiya Gram Panchayat Raj Parma District.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Singh, Advocate For the Respondent/s : Mr. Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 16-08-2023

Heard Mr. Dhirendra Singh, learned counsel

appearing on behalf of the petitioner and Mr. Manish Kumar,

learned counsel representing the State of Bihar.

2. The petitioner by invoking the extraordinary

jurisdiction of this Court under Article 226 of the Constitution

of India preferred the present writ application seeking a

direction upon the respondent authorities to set up the Panchayat

Sachivalay (Bhawan) on plot no. 4519 under khata no. 304

recorded in the name of Anabad Bihar Sarkar, which is thickly

populated by Mahadalit Community.

3. The aforesaid prayer and contention of the

petitioner has been vehemently refuted by the learned counsel

for the State and submission has been made that the location of Patna High Court CWJC No.22327 of 2019 dt.16-08-2023

the Panchayat Sachivalay (Bhawan) more often Executive

policy matter and it is not for the Court to decide whether one

location is better than the other. He further submits that there is

no complaint, prima facie, suggesting violation of any statutory

provision.

4. Having heard the parties and taking into

consideration the nature of the prayer, as also the settled

proposition of facts and law that a decision as to the citus of a

Panchayat Sachivalay (Bhawan) lies entirely within the

jurisdiction of the Panchayat concerned and the State

Government have exclusive jurisdiction to take a decision in

this regard. This Court would refrain from issuing any direction.

However, the petitioner, if so advised, may approach the

appropriate authority for redressal of his grievance.

5. It is needless to say that if any representation is

filed by the petitioner before the appropriate authority, the same

shall be considered and disposed of within a reasonable period

by a reasoned and speaking order.

6. The writ application stands disposed of.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.08.2023
Transmission Date       NA