Patna High Court
Mahima Singh vs The State Of Bihar on 20 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3127 of 2025
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1. Mahima Singh W/o- Ramesh Kumar Singh, Resident of Vill and P.O.-
Maheshdih, P.S.- Nemdarganj, Dist- Nawada, Bihar.
2. Manti Devi W/o- Rajendra Prasad Singh, Resident of Vill and P.O.-
Maheshdih, P.S.- Nemdarganj, Dist- Nawada, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Panchayati Raj Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna, Bihar-800015.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Vikash Bhawan, Bailey Road, Patna, Bihar-800015.
3. The Building Construction Department, through Principal Secretary,
Building Construction Department, Government of Bihar, Visheswariya
Bhawan, Patna, Bihar- 800015.
4. The Principal Secretary, Building Construction Department, Government of
Bihar, Visheswariya Bhawan, Patna, Bihar- 800015.
5. The District Magistrate, Nawada, Bihar.
6. The District Panchayati Raj Officer, District- Nawada, Bihar.
7. The Deputy Development Commissioner, Dist- Nawada, Bihar.
8. The Deputy Collector Land Reforms, Rajauli Sub-Division, Dist- Nawada,
Bihar.
9. Sub-Divisional Officer, Rajauli Sub-Division, Dist- Nawada.
10. Block Panchayat Raj Officer-cum-Executive Officer (Panchayat Samiti),
Akbarpur, Dist- Nawada.
11. The Circle Officer-cum-Block Panchayati Raj Officer, Akbarpur Block,
Dist- Nawada, Bihar.
12. The Gram Panchayat Ledha, under Block Akbarpur, Dist- Nawada, through
its Panchayat Secretary.
13. The Panchayat Secretary, Gram Panchayat Ledha, Block Akbarpur, Dist-
Nawada, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar
Mr. Kundan Kumar Ojha, Advocates
For the State : Mr. Anwar Karim, AC to GP-10
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 20-02-2025
Patna High Court CWJC No.3127 of 2025 dt.20-02-2025
Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs :-
"(i) That an appropriate writ/s order/s, order/s in the
nature of Certiorari be issued to quash the letter no.-
2482 dated 26/12/2024 (Annexure-P/14) and Letter
No.-1209, dated 23/12/2024 (Annexure-P/13), which
has been issued upon representations of the petitioner
made pursuant to order dated 05/12/2024 of this
Hon'ble Court, passed in C.W.J.C. No.-18515 of 2024,
consequently, recommended to construct the
Panchayat Sarkar Bhawan at earlier selected land i.e.
Khata No. 123, Plot no.-316 situated under
Chaprehat Mauja of Ledha Gram Panchayat under
Akbarpur Block, Dist-Nawada; against the guideline.
(ii) That an appropriate writ/s, order/s, direction/s in
the nature of Mandamus be issued, commanding the
respondents to restrain them from constructing the
Panchayat Sarkar Bhawan, over Khata No. 123, Plot
No. 316 situated under Chaprehat Mauja of Ledha
Gram Panchayat under Akbarpur Block, Dist-
Nawada.
(iii) That an appropriate writ/s, order/s direction/s in
the nature of mandamus be issued directing concerned
respondent to call for a Aam Sabha of the Panchayat
under the supervision and presence of any higher
official, for the purpose of selecting suitable land in
Patna High Court CWJC No.3127 of 2025 dt.20-02-2025
order to construct the Panchayat Sarkar Bhawan
within the territory of the Panchayat in question, as
there was no Aam Sabha was called for the purpose of
selection of land as claimed by the respondent
authority and any Aam Sabha claimed to have been
called for is manipulated one.
(iv) That an appropriate writ/s, order/s, direction/s in
the nature of Mandamus be issued directing
respondent authorities to construct the Panchayat
Sarkar Bhawan over the land situated at Village
Maheshdih; with respect to which the Sub-Division
Officer Rajauli (Respondent no.-09) upon considering
the representation of the local residents, had called for
a inspection report after canecelling the earlier
proposal of construction of Panchayat Sarkar Bhawan
vide his letter no.-2463 dated 27/09/2023 (Annexure-
P/5).
(v) Any other relief/reliefs petitioner found entitled in
law, be granted to him."
3. Learned counsel for the petitioners submits that other
persons for the same relief in C.W.J.C. No. 18515 of 2024 have
approached this Court but the same was disposed of vide order
dated 05.12.2024 with a direction to the District Magistrate,
Nawada to dispose of all the pending representations of the
petitioner, as early as possible. It appears that the petitioners have
approached this Hon'ble Court for the same relief and apart from
that the Division Bench of this Hon'ble Court has dismissed the
Patna High Court CWJC No.3127 of 2025 dt.20-02-2025
writ petition of the petitioners namely, Naveen Kumar Ram &
Others, vide order dated 07.04.2023 passed in C.W.J.C. No. 3282
of 2023, which is quoted hereinbelow:-
" The averments in the writ petition discloses that all
the petitioners were public representatives of the Gram
Panchayat in question at the time the earlier site was
selected in 2021. They have alleged that the Gram
Sabha comprising of present members and Mukhiya
have now initiated shifting of the proposed site for
construction of the Panchayat Sarkar Bhawan to a
place which is not suitable.
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."
4. In view of the averments made in the aforesaid case,
no case is made out for interference in the matter. It is,
accordingly, dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 24.02.2025
Transmission Date N.A.
