Citation : 2024 Latest Caselaw 100 Patna
Judgement Date : 5 January, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17804 of 2023
======================================================
Chunchun Singh Son of Late Shree Singh, Resident of Village- Gokhula,
Police Station- Sikandra, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary,Panchayati Raj Deptt.
2. The Additional Chief Secretary, District Panchayati Raj, Government of
Bihar, Patna.
3. The Additional Chief Secretary, Department of Planning and Development,
Government of Bihar, Patna.
4. The District Magistrate, Jamui.
5. The District Panchayati Raj Officer, Jamui.
6. The Executive Engineer, Local Area Engineering Organisation Work
Division-I, Jamui.
7. The Block Panchayati Raj Officer, Sikandra, Jamui.
8. The Circle Officer, Sikandra, Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Vinay Pd. Singh, Advocate
For the Respondent/s : Mr.P.K. Shahi, A.G.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY) Date : 05-01-2024
Heard the parties.
2. The present Public Interest Litigation has been
preferred by the petitioner with a prayer to direct the
respondent, District Magistrate, Jamui to send proposal for Patna High Court CWJC No.17804 of 2023 dt.05-01-2024
identifying the sufficient land available in village-Gokhula,
within Panchayat Raj, Gokhula, Fatehpur under Sikandra
block in the district of Jamui. Further, the petitioner wants the
State Government to carry out the construction of the said
Panchayat Bhawan on the land so identified.
3. The contention of the petitioner is that both the
'Mukhiya' and the Circle Officer, Sikandra, Jamui have
marked a place at Khata no. 409, Khesra no. 1315 under
mauja Gokhula, Fatehpur which is not good for Panchayat
Raj Bhawan. In sum and substance, the petitioner has tried to
convince the Court that the land chosen by the Circle Officer,
Sikandra, Jamui as also the 'Mukhiya' for construction of
Panchayat Bhawan is not suitable for the common people.
4. The Circle Officer, Sikandra earmarked a land
for the construction of Panchayat Bhawan which ultimately
would have been approved by the highest authority of the
district, the District Magistrate, Jamui and as such the
decision so taken needs no interference. A Panchayat Bhawan
cannot be constructed according to the convenience of a
single individual and/or handful of the people.
5. We do not see any merit in the present Public
Interest Litigation, the same is misconceived and is Patna High Court CWJC No.17804 of 2023 dt.05-01-2024
accordingly dismissed. We refrain from imposing any cost
upon the petitioner.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J) Ravi/-
AFR/NAFR CAV DATE Uploading Date 8.01.2023 Transmission Date
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