Kashi Sahani vs The State Of Bihar
2023 Latest Caselaw 3959 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3620 of 2023
     ======================================================

Kashi Sahani, Son of Jagarnath Sahani, Resident of Village- Chhota Baisaha, Ward No. 5, Chakia, Bara Chakia, District- East Champaran, Bihar- 845412.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The District Magistrate-cum- Collector, East Champaran at Motihari, Bihar.

4. The District Panchayati Raj Officer, East Champaran at Motihari, Bihar.

5. The Circle Officer, Circle- Chakia, District East Champaran, Bihar.

6. Panchayat Secretary, Gram Panchayat Baisaha, Circle and Block Baisaha, District- East Champaran.

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Ms. Rashmi Ranjan, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-08-2023

Heard Mr. Ajay Kumar Singh, learned counsel

appearing on behalf of the petitioner. The State is represented by

Ms. Rashmi Ranjan, learned AC to SC-7.

2. The petitioner, being the resident of Chhota Baisaha

under Ward No.5 of the Gram Panchayat Baisaha under Block-

cum-Circle Chakia, East Champaran, Motihari approached this

Court for a direction upon the State respondents to construct

Panchayat Sarkar Bhawan at revenue village Baisaha, which is

the head quarter of Gram Panchayat Baisaha, in view of Patna High Court CWJC No.3620 of 2023 dt.22-08-2023

directives of Panchayati Raj Department, Government of Bihar,

as contained in Memo No. 8354 dated 30.08.2022, whereby the

selection of land for constructing the Panchayat Government

Building has been vested in the District Magistrate of the

concerned district.

3. He further submits that in view of the Government

circular issued by the Panchayati Raj Department, the

Panchayat Sarkar Bhawan is ought to be constructed at the head

quarter of the Gram Panchayat and only in case of non-

availability of land, it can be shifted to other place in view of the

directives of the Panchayat Raj Department, as contained in

Memo No. 8354 dated 30.08.2022.

4. On the other hand, learned counsel for the State

submits that location of the Panchayat Sarkar Bhawan more

often Executive policy matter and it is not for the Court to

decide whether one location is better than the other.

5. 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 Sarkar Bhawan lies entirely within the jurisdiction of

the Panchayat concerned and the State Government have

exclusive jurisdiction to take a decision in this regard, as such, Patna High Court CWJC No.3620 of 2023 dt.22-08-2023

this Court would refrain from issuing any direction.

6. In view of the submissions made on behalf of the

parties and considering the nature of the dispute, the present

writ application stands disposed of with liberty to the petitioner

to raise his grievance before the District Magistrate, East

Champaran, Motihari by filing an appropriate petition/

representation along with all the necessary documents in support

of his claim. If such representation is filed within four weeks'

from today along with a copy of this order, the same would be

disposed of by a reasoned and speaking order within a further

period of eight weeks from the date of filing of such

representation.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.08.2023
Transmission Date       NA