Patna High Court
Arun Kumar vs The State Of Bihar on 11 December, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7622 of 2023
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1. Arun Kumar, Son of Maheshwari Yadav, resident of Village- Bhelai, P.O. -
Sondiha Babhangama, P.S.- Dhoraiya, District - Banka.
2. Pritam Kumar Singh, Son of Lal Mohan Singh, resident of Village -
Mahmadpur, P.O. - Jagatpur, P.S. - Panjwara, District - Banka.
3. Kanta Pandey, Son of Bharat Pandey, resident of Village- Jagatpur, P.O.-
Jagatpur, P.S. - Panjwara, District - Banka.
4. Parshuram Harijan, Son of Late Madhu Harijan, resident of Village-
Jagatpur, P.O. Jagatpur, P.S. - Panjwara, District- Banka.
5. Devi Lal Chauhan Son of Mittan Chauhan, resident of Village - Teloundha,
P.O. - Jagatpur, P.S. - Panjwara, District - Banka.
6. Anup Lal Rat @ Anuplal Raut @ Anup Lal Singh Son of Brij Mohan Singh,
resident of Village - Bhelay, P.O. - Sondiha Babhangama, P.S. - Dhoraiya,
District - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Department of Panchayati Raj, Government of
Bihar, Patna.
3. The District Collector, Banka, Police Station - Banka, District- Banka.
4. The Deputy Development Commissioner, Banka, P.S.- Banka, District -
Banka.
5. The District Panchayat Raj Officer, Banka, P.S.- Banka, District - Banka.
6. The Deputy Collector, Land Reform Banka, P.S.- Banka, District - Banka.
7. The Block Development Officer, Dhoraiya, Banka.
8. The Block Panchayati Raj Officer, Dhoraiya, Banka.
9. The Panchayat Secretary, Gram Panchayat Bhelai, Block - Dhoraiya, District
- Banka.
10. Karuna Devi, Mukhiya, Gram Panchayat Bhelai, Block- Dhoraiya, P.O. -
Sondiha Babhangama, P.S. - Dhoraiya, District - Banka, PIN CODE-
813123.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate.
For the State : Mr. Virendra Kumar, AC to GP-10.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 11-12-2023
Heard Dr. Sanjay Kumar Singh, learned counsel
Patna High Court CWJC No.7622 of 2023 dt.11-12-2023
appearing on behalf of the petitioner and Mr. Virendra Kumar,
learned AC to GP-10 for the State.
2. The petitioner has filed the writ petition for the
following reliefs:
"That this writ application is directed for issuance of a Writ
in the nature of mandamus or any other appropriate order or
direction commanding the respondents to direct that the
'Panchayat Sarkar Bhawan' of the Gram Panchayat Bhelay
under Block-Dhoraiya, District - Banka be constructed at
the head quarter of the Gram Panchayat at Village - Bhelay
on either the government land available bearing Khata
No.67 Khesra No. 633 Area 6 Acre 33 decimal or at the land
bearing Khata No.66, Khesra No.695, Area 1 Acre 63
decimal whose land owner petitioner no.6 and his brothers
are ready to donate the land."
3. Dr. Sanjay Kumar Singh, learned counsel
appearing on behalf of the petitioner submits that the petitioner
no.6 wants to donate 50 decimal of land or the land as required
for construction of 'Panchayat Sarkar Bhawan' at Headquarter
Village of Panchayat Bhelay. The Mukhiya belongs to other
village namely Amjhora. Learned counsel further submits that
on 21.12.2022, the petitioners and others filed
representation/application before the Circle Officer, Dhoraiya,
Banka and the Block Development Officer, Dhoraiya, Banka
stating therein that the head quarter of the Panchayat is at
Village - Bhelay and a Government land bearing Khata No. 66,
Khesra No. 633 Area more than 1 acre is available at Village -
Bhelay and therefore construction of 'Panchayat Sarkar
Patna High Court CWJC No.7622 of 2023 dt.11-12-2023
Bhawan' would be at Village - Bhelay. He further submits that
the the petitioner no.6 is voluntarily willing to donate 50
decimal of land for the construction of the Panchayat Sarkar
Bhawan adjoining to Khata No. 66, Khesra No. 633.
4. Considering the submission made on behalf of
the petitioner, the petitioner may file a detailed representation
before the Collector, Banka who shall dispose of the
representation of the petitioner considering the fact that as per
the government requirement, 'Panchayat Sarkar Bhawan' is
essentially required to be constructed at Headquarter village of
the respective Panchayat.
5. The writ application, accordingly, stands
disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 13.12.2023
Transmission Date N.A.
