Patna High Court
Yogendra Prasad Yadav 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.645 of 2025
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Yogendra Prasad Yadav Son of Arjun Prasad Yadav Resident of Village-
Maniya, P.O.- Merh, P.S.- Katoria, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Panchayati Raj Department,
Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The Secretary, Panchayati Raj Department, Government of Bihar, Patna.
4. The Deputy Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
5. The District Magistrate, Banka.
6. The Officer on Special Duty, Department of Panchayati Raj, Government of
Bihar, Patna.
7. The Block Panchayat Raj Officer, Katoria, District- Banka.
8. The Circle Officer, Katoria, District- Banka.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate
For the State : Mr. Kamlesh Kishore, AC to SC-12
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 20-02-2025
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs :-
"(i) To issue an appropriate writ preferably in the
nature of Mandamus commanding upon the
respondents authorities to construct Panchayat Sarkar
Building in the Head quarter of Gram Panchayat
Patna High Court CWJC No.645 of 2025 dt.20-02-2025
Mania in Village- Mania instead of Village- Kubribell
in accordance with Government decision.
(ii) To hold and declare that construction of
Panchayat Sarkar building of Gram Panchayat,
Mania in Village Kubribell is in violation of the
Government Circulars issued through its Department
of Panchayati Raj, Bihar, Patna.
(iii) To grant any other relief for which the petitioner
may be found in entitled to in the facts and
circumstances of the case."
3. A Division Bench of this Hon'ble Court has
dismissed the 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.
Patna High Court CWJC No.645 of 2025 dt.20-02-2025
This Court is, therefore, not inclined to exercise its
discretionary jurisdiction in respect of such policy
matters."
4. In view of the aforesaid, the construction of the
Panchayat Sarkar Bhawan as per the guidelines of the State
Government is under the domain of the local self government
institutions as well as the local authorities to decide based on
various factors/parameters. No case is made out for interference in
the matter.
5. In view of the order dated 07.04.2023 passed in
C.W.J.C. No. 3282 of 2023, the writ petition is, accordingly,
dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 24.02.2025
Transmission Date N.A.
