Patna High Court
Muratuja Alam vs The State Of Bihar on 2 February, 2024
Author: Rajiv Roy
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13874 of 2023
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Muratuja Alam S/O Md Afzal Hussain, Resident of Village- Parsauni
Mallavar (Mailvar), P.S. - Parsauni, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna,
Bihar.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The Principal Secretary, Education Department, Government of Bihar,
Patna.
4. The District Magistrate, District - Sitamarhi, Bihar.
5. The District Panchayati Raj Officer (DPRO), Sitamarhi, District - Sitamarhi,
Bihar.
6. The Sub-Development Commissioner, Sitamarhi, District - Sitamarhi, Bihar.
7. The District Education Officer, Sitamarhi, District - Sitamarhi, Bihar.
8. The Sub Divisional Officer, Belsand, District - Sitamarhi, Bihar.
9. The Block Development Officer, Parsauni Block, District - Sitamarhi, Bihar.
10. The Block Panchayati Raj Officer, Parsauni Block, District - Sitamarhi,
Bihar.
11. Fakira Mahto, son of Ram Ekbal Mahto, The Present Mukhiya, Village
Panchayat- Parsauni Mallavar (Mailvar), Ward No. 15, P.S. - Parsauni,
District- Sitamarhi, Bihar.
12. Vijay Vimal Sinha, The Present Panchayat Secretary, Village Panchayat -
Parsauni Mallavar (Mailvar), P.S. - Parsauni, District - Sitamarhi, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Respondent/s : Mr. Prabhakar Jha, G.P.-27
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
Date : 02-02-2024
The present Public Interest Litigation has
been preferred by the petitioner for the grant of following
reliefs:-
(i) for issuance of an order (s) /
direction (s) or writ(s) in the nature of writ of Mandamus
as well as Prohibition for directing the concerned
Respondents to apply an injunction over the demolition
and re-construction of panchayat bhavan at Village
Panchayat- Parsauni Mallavar (Mailvar), P.S. Parsauni,
District-Sitamarhi, Bihar with immediate effect and also
to maintain status quo till the final disposition of the
case;
(ii) for issuance of further order(s) /
direction(s) or writ(s) in the nature of writ of Quo
Warranto upon the Respondents and especially upon
Respondent No. 11 & 12, challenging/ asking for the
authority or process by which in a most arbitrary and
illegal way, acting in connivance to each other for the
sake of their personal benefit, they without conducting
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
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any auction or putting the matter before Aam Sabha/
Gram sabha or Karyakarini, they demolished the
previously built panchayat bhawan which was good in
condition, sold all the debris materials (malba) out of the
demolition of that panchayat bhawan and now are also
using the old bricks and other materials derived out of
that debris in the construction of the new panchayat
bhavan;
(iii) for issuance of further order(s) /
direction(s) or writ(s) in the nature of Prohibition for the
sake of prohibiting the Respondents concerned in using
the old bricks and other rotten construction materials
derived out of that debris along with other very cheap
quality materials in the re- construction of the new
panchayat bhawan as using the old materials will affect
the quality of new building and will also put the life of the
villagers in danger;
(iv) for issuance of further order(s) /
direction(s) or writ(s) in the nature of Certiorari for
imposing huge costs upon the Respondents concerned
and also for ordering them to repay the amount to the
village panchayat against their malafide and arbitrary
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
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act by which for their personal benefit they did
unnecessary demolition of earlier built panchayat
bhavan, sold the debris materials and other properties
which were present in that building and are using very
cheap quality materials along with old building's debris
for the construction of new panchayat bhavan.
2. The facts of the case as narrated in the writ
petition is/are as follows:-
3. The case of the petitioner is that the old
panchayat bhavan of Parsauni Mailvar panchayat was situated at
the land of +2 Janta Uchch Vidyalaya, Parsauni Chowk,
Sitamarhi where the old building was demolished by the
respondents and a new building is being constructed thus
wasting the public money/ fund. The petitioner through his letter
no. 053 dated 17.08.2023 inquired from the Principal of the said
School as to whether any N.O.C. was taken for demolishing of
the old building and re-constructing the new Panchayat Bhavan
situated in the School who in turn vide letter no. 73 dated
30.08.2023
denied issuance of any such N.O.C.
4. The petitioner's contention is that he made
a representation to the District Magistrate cum Collector,
Sitamarhi by his letter no. 054 dated 21.08.2023 but no action
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
was taken. He also represented before the Block Development
Officer, Parsauni block, Sitamarhi but without any response.
The petitioner claims that the District Education Officer also in
his letter no. 2124 dated 21.08.2023 supported his case.
5. The contention of the learned Counsel for
the petitioner is that it was also widely covered in the local
newspaper but as no steps were taken by the respondents, the
present writ petition.
6. On 26.09.2023, this Court wanted the
respondents to file counter affidavit in the matter. This was
reiterated in the order dated 13.10.2023 in which direction was
given to the District Magistrate, Sitamarhi to conduct an enquiry
through an Officer of the Revenue Department authorized by
him who shall file an affidavit thereafter.
7. A counter has accordingly been thereafter
filed on behalf of the respondent no. 4, the District Magistrate,
Sitamarhi duly put on affidavit by the Additional Collector,
Sitamarhi in which it has been stated that in compliance with the
abovementioned order passed by the Hon'ble High Court which
followed the direction of the District Magistrate, Sitamarhi, the
Additional Collector (Revenue), Sitamarhi alongwith the Sub-
Divisional Officer, Belsand made spot enquiry relating to the
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
dispute in question, in course of which, the relevant papers
submitted by the respondent no-11 and 12 as well as reports
submitted by the Block Panchayat Raj Officer, Parsauni and the
Circle Officer, Parsauni were taken on record. Accordingly, they
submitted joint report vide letter no. 4135/Revenue dated
16.12.2023 (Annexure- 'B') to the District Magistrate,
Sitamarhi.
8. According to the report:
(i) as per proposal no.- 17 of the proceeding
of the meeting of 'Gram Sabha' held on 04.01.2022 (Annexure-
'C'), direction was taken to reconstruct the old Panchayat
Bhawan of the Gram Panchayat Raj Parsauni Mailwar;
(ii) the said decision was confirmed in the
proceeding of the meeting Working Committee on 02.02.2022
(Annexure- 'D');
(iii) pursuant to the letter no.- 602, dated-
28.05.2022 (Annexure 'E') issued by the Block Development
Officer, Parsauni, the old Panchayat Bhawan of Gram Panchayat
Raj, Parsauni Mailwar in question was inspected by the
Assistant Engineer, Building Division, Sitamarhi and it was
reported by him that the said old building was found in
dilapidated condition. Accordingly, the old Panchayat Bhawan
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
was declared abandoned by the Executive Engineer, Building
Division, Sitamarhi vide Letter No-772/Sit (Bhawan) dated-
15.06.2022 (Annexure- 'F');
(iv) vide letter no-70 dated 24.07.2023, the
proposal was sent to the Block Panchayat Raj Officer, Parsauni
issued under the joint signature of the 'Mukhiya' and the
Panchayat Secretary (Annexure-G) with request to issue order
for reconstruction of the old Panchayat Bhawan, Parsauni
Mailwar. Accordingly, an order was issued by the Block
Panchayat Raj Officer, Parsauni Vide Memo No-164, dated-
24.07.2023 (Annexure-'H');
(v) after the technical sanction as well as the
administrative sanction given vide letter no.- 45, dated-
26/07/2023 (Annexure-'I') and letter no.- 75, dated-28/07/2023
(Annexure- J), the reconstruction work of the Panchayat
Bhawan in question was started;
(vi) accordingly, a notice for auction sale of
iron bars, concrete and bricks of the old Panchayat Bhawan in
question was issued vide memo no.-76, dated- 28/07/2023
(Annexure-'K') under the joint signature of the Mukhiya and the
Panchayat Secretary, eight persons participated and the highest
bid amounting to Rs. 56,864.65/- of Shree Suresh Kumar
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
Choudhary was declared accepted unanimously as per
proceeding of that meeting (Annexure-'L').
9. As per the counter affidavit, Test Report
after conducting the test of the land was submitted by the
Muzaffarpur Engineering College consisting of the:
(a) the Professor In-Charge, Concrete-Lab,
M.I.T. Muzaffarpur;
(b) the Professor Incharge, Consultancy Cell,
M.I.T. Muzaffarpur and
(c) the Head of the Department (Civil), Civil
Department, MIT, Muzaffarpur.
10. As per the letter of the Circle Officer,
Parsauni vide letter no.- 999, dated 07.12.2023 (Annexure- 'O'),
the Panchayat Bhawan in question was constructed prior to year
1994 which had gone dilapidated and hence decision for
reconstruction of the Panchayat Bhawan in question was/were
taken. Further, as per the estimate as well as in the light of its
technical and administrative sanction, the cost of reconstruction
of aforesaid building was estimated at Rs. 13,66,680/-(Rupees
Thirteen lacs Sixty Six thousand Six hundred Eighty) only.
Though, the construction work of the building has been
completed but the amount spent on construction of the
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
Panchayat Bhawan has not been disbursed till date.
11. The aforesaid facts on record by the
respondents makes it clear that in view of the fact that the old
Panchayat Bhawan which was constructed prior to the year
1994 was in a very bad shape and as such decision was taken for
its re-construction which followed the necessary
steps/letters/orders.
12. After the administrative and technical
sanction for the re-construction of the Panchayat Bhawan, the
iron bars, concretes of the Panchayat Bhawan were auctioned
which fetched Rs. 56,864/-. Thereafter with the help of Civil
Engineers of the Muzaffarpur Engineering College, action
was/were taken following which the construction took place. As
per the counter affidavit, the construction work already stands
completed.
13. The respondents have clarified the reason
for the demolition of the old building as also for construction of
new Panchayat Bhawan which according to them stands
completed. We are fully satisfied with the facts stated by the
respondents. The petitioner with ulterior motive and malafide
intention have tried to block the said construction. We do not
find any reason to entertain this Public Interest Litigation.
Patna High Court CWJC No.13874 of 2023 dt.02-02-2024
14. The CWJC No. 13874 of 2023 is
dismissed.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 07.02.2024
Transmission Date
