Priti Kumari vs The State Of Bihar
2023 Latest Caselaw 4100 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1304 of 2023
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1. Priti Kumari W/o Shri Karunesh Singh, R/o village and P.O.- Chandadih, P.S.- Dhoraiya, District- Banka.

2. Akhilesh Kumar S/o Late Kailash Prasad Singh, permanent R/o-

village+P.O.-Chandadih, P.S.-Dhoraiya, District-Banka, also R/o Sector-7, Block- 3, Flat No. 15, H.I.G. Flats, Bahadurpur Housing Colony, P.S.- Agamkuan, District- Patna.

... ... 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, Bihar Patna.

3. The Project Director, Panchayati Raj Department, Government of Bihar, Patna.

4. Bihar Gram Swaraj Yojana Society, 3rd Floor Biscomaun Towers, Gandhi Maidan, Patna.

5. The District Magistrate, Banka, Bihar.

6. The District Panchayati Raj Officer, Banka.

7. The Department Divisional Commissioner, Banka.

8. The Block Development Officer-cum-Executive Officer, Block Panchayat Samiti, Dhoraiya.

9. The Circle Officer, Circle-Dhoraiya, District- Banka.

10. The Block Panchayati Raj Officer, Dhoraiya.

11. The Mukhiya, Chandadih Gram Panchayat, District- Banka.

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

For the Petitioner/s : Mr. Awadhesh Kumar, Adv. For the Respondent/s : Smt. Archana Meenakshee, GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-08-2023

Heard learned counsel for the petitioners and learned

counsel for the State.

2. The petitioners, who claimed themselves to be

resident of Village Chandadih Gram Panchayat, invoking the Patna High Court CWJC No.1304 of 2023 dt.28-08-2023

extraordinary writ jurisdiction of this Court under Article 226 of

the Constitution of India, seek a direction upon the respondent-

authorities to restrain them from construction of a Panchayat

Sarkar Bhawan of Chandadih Gram Panchayat in village Kusmi,

which is not the headquarter of village Chandadih Gram

Panchayat, dehors to the guidelines issued by the Principal

Secretary, Panchayati Raj Department vide letter no. 8354 dated

30.08.2022.

3. Mr. Awadhesh Kumar, learned counsel for the

petitioners, while drawing attention of this Court to the

guidelines vehemently submits that the criteria to be followed

for construction of Panchayat Sarkar Bhawan, wherein it has

been specifically directed that the Panchayat Sarkar Bhawan

would normally/as far as possible be constructed in the

headquarter village of the Gram Panchayat itself and only in the

absence of non-availability of land in the headquarter village, it

would be constructed in another village of the Gram Panchayat.

However, despite availability of adequate land, the Panchayat

Sarkar Bhawan is not being constructed in the headquarter,

which gives rise to filing the present writ application. He further

contended that the petitioners have filed an application about the

illegal and arbitrary manner over the construction of Panchayat Patna High Court CWJC No.1304 of 2023 dt.28-08-2023

Sarkar Bhawan is being made before the respondent no.5,

District Magistrate, Banka, requesting him to consider their

claim and the points raised in their application.

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

while refuting the contention of the petitioners submits that so

far the construction of Panchayat Sarkar Bhawan is concerned,

the same is within the exclusive jurisdiction of the Gram

Panchayat and any direction of this Court would be uncalled for

at this stage.

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 domain of the

Panchayat concerned and the State Government has exclusive

jurisdiction to take a decision in this regard, as such, this Court

would refrain from issuing any direction.

6. However, taking into consideration the fact that the

petitioners have already approached before the respondent no.5,

District Magistrate, Banka, for ventilating their grievance, this

Court deems it fit and appropriate to dispose of the writ

application with a direction to the respondent no.5 to consider

the representation of the petitioners (Annexure-3) and pass a Patna High Court CWJC No.1304 of 2023 dt.28-08-2023

speaking and reasoned order in view of the guidelines issued by

the Principal Secretary, Panchayati Raj Department vide letter

no. 8354 dated 30.08.2022, preferably within a period of eight

weeks from the date of receipt/production of a copy of this

order.

(Harish Kumar, J) rohit/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30-08-2023
Transmission Date