Patna High Court
Naseem Ansari vs The State Of Bihar on 13 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2436 of 2025
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1. Naseem Ansari Son of Late Shameem Ansari, Resident of Village-
Aslempur, P.O.- Usas, P.S.- Konch, District- Gaya.
2. Niranjan Prajapat Son of Late Jagdish Prajapat, Resident of Village-
Aslempur, P.O.- Usas, P.S.- Konch, District- Gaya.
3. Md. Zahid Ansari Son of Kasim Ansari, Resident of Village- Aslempur, P.O.-
Usas, P.S.- Konch, District- Gaya.
4. Anil Kumar Son of Dal Singar Saw, Resident of Village- Aslempur, P.O.-
Usas, P.S.- Konch, District- Gaya.
5. Satyendra Saw Son of Ramchandra Saw, Resident of Village- Aslempur,
P.O.- Usas, P.S.- Konch, District- Gaya.
6. Jama Gauhar Son of late Sayed Jabed Ahmad, Resident of Village-
Aslempur, P.O.- Usas, P.S.- Konch, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Panchayati Raj
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Gaya.
4. The District Panchayati Raj Officer, Gaya.
5. The Circle Officer, Konch, Gaya.
6. Executive Engineer Construction Department Building Division, Gaya.
7. Rajni Kumari Daughter of Paras Kumar Yadav, Resident of Village- Usad,
P.S.- Konch, District- Gaya.
8. Pankaj Kumar Son of Brij Bihari Sharma, Resident of Village- Tuturkhi
Bigha, P.S.- Konch, District- Gaya.
9. Jay Kumar Singh son of Babu Ram Singh, Resident of Village- Singhra,
P.S.- Konch, District- Gaya.
10. Ashutosh Kumar Singh Son of Mohan Singh, Resident of Village- Singhra,
P.S.- Konch, District- Gaya.
11. Gunjan Kumar son of Dularchand Das, Resident of Village- Tuturkhi Bigha,
P.S.- Konch, District- Gaya.
12. Mohan Singh Son of Ramotar Singh, Resident of Village- Tuturkhi Bigha,
P.S.- Konch, District- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y.V.Giri, Sr. Advocate
: Mr.Devashish Giri, Advocate
For the Respondent/s : Mr.Government Pleader-12
Patna High Court CWJC No.2436 of 2025 dt.13-02-2025
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 13-02-2025
Heard Mr. Y.V. Giri, learned senior counsel appearing
for the petitioner and learned learned Government Pleader-12 for
the State.
2. The present writ application has been filed for the
following reliefs:
I. For issuance of an appropriate Writ (s) order(s)/
direction(s) in the nature of Certiorari to quash and set aside the
direction of the District Magistrate, Gaya issued vide letter no.-
1507 dated 21.06.2024 (as contained in Annexure-P13, Pg.98) to
take necessary steps for building Panchayat Sarkar Bhawan in the
land appertaining to Khata no- 369, Thana no.- 05, Plot no 227
admeasuring 1 acre 56 decimal situated in Tuturkhi.
II. For issuance of an appropriate writ (s/order(s)/
direction(s) in the nature of Mandamus directing the respondents
not to proceed with the construction work of the Panchayat Sarkar
Bhawan on land appertaining to Khata no.- 369, Thana no-05, Post
no-227 admeasuring 1 acre 56 decimal situated in Village
Tuturkhi.
III. For issuance of an appropriate writ(s)/order(s)/
direction(s) in the nature of Mandamus directing the respondents
to build Panchayat Sarkar Bhawan on five vacant plots which all
Patna High Court CWJC No.2436 of 2025 dt.13-02-2025
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are connected to each other falling under Khata no-256 total
admeasuring 124 decimal of vacant land recorded as Anabad Bihar
Sarkar kind Purani Parti land available in village-Aslempur which
is the headquarter of the Gram Panchayat, Aslempur.
IV. For review and recall of the order dated 19.09.2024
passed in CWIC No 13737 of 2024 (as contained in Annexure-
P15,Pg.117) by the Hon'ble Justice Rajiv Roy.
V. For any other relief reliefs to which the petitioners are
deemed entitled as per the facts and circumstances of the case.
3. Learned senior counsel for the petitioners submits that
the petitioners are resident of village-Alsempur, which is the
headquarter of village of Gram Panchayat Aslempur and
respondent No.3 had issued a letter dated 21.06.2024 by which the
District Magistrate has taken a decision for a construction of the
building of Panchayat Sarkar Bhawan in the land situated in
Tuturkhi which is not the headquarter of the Gram Panchayat
Aslempur which is violation of the direction issued by the
Panchatyat Raj Department dated 21.08.2015 (Annexure-P1).
4. Learned counsel for the State had taken a preliminary
objection with regard to the maintainability of the present writ
application and submits that earlier some of the villagers had
approached this Hon'ble Court in CWJC No.13737 of 2024 for the
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same relief. The Hon'ble Court, after hearing all the parties, has
been pleased to dismiss the writ application vide order dated
19.09.2024
passed in CWJC No.13737 of 2024. Paragraph-11 of
the said order which reads as follows:
"11. In this background when a better option
is available with the District administration
which in the opinion of the District Magistrate,
Gaya is also suitable for security reason and is
further centrally located for the people to
approach it, in the opinion of the Court no
illegality has been committed in taking the
fresh decision of the said construction. Where
the Panchayat Bhawan is to be constructed, it
should be in exclusive domain of the District
administration. However, the same must be
within the guideline and in case, there is any
violation, the Panchayati Raj Department,
Bihar, Patna is better placed to look into it and
do the needful."
5. The Division Bench of this Hon'ble Court has passed
the order dated 07.04.2023 with respect to construction of
Patna High Court CWJC No.2436 of 2025 dt.13-02-2025
Panchayat Sarkar Bhawan passed in CWJC No.3282 of 2023
which is quoted hereinbelow:-
"Whether the Panchayat Sarkar Bhawan is
constructed at site A or B is an issue best left
to the people's representatives in the local self
government institutions as well as the local
authorities to decide based on various
factors/parameters. Such a decision is
essentially a matter of policy.
This Court is, therefore, not inclined to
exercise its discretionary jurisdiction in
respect of such policy matters.
The writ petition is misconceived and is
accordingly dismissed".
6. The petitioners in the present writ petition are also
the local residence. Accordingly, the guideline of the State Govt.
the petitioners have no locus to agitate the policy matter of the
State Govt. before this Hon'ble Court.
7. In view of the submission made on behalf of the
learned counsel for the State as well as the order order dated
19.09.2024 passed in CWJC No.13737 of 2024 and order dated
Patna High Court CWJC No.2436 of 2025 dt.13-02-2025
07.04.2023 passed in CWJC No.3282 of 2023, no case is made
out for interference by this Court.
8. Accordingly, this writ application stands dismissed.
(Rajesh Kumar Verma, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2025
Transmission Date NA
