Ramnivash Prasad vs The State Of Bihar
2025 Latest Caselaw 2256 Patna

Patna High Court

Ramnivash Prasad vs The State Of Bihar on 18 March, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.4286 of 2025
     ======================================================
     Ramnivash Prasad Son of Late Harihar Singh, Resident of Village-
     Maksuspur (Chamarbigha), P.O.- Suhavanpur (Surhi), P.S.- Islampur, District-
     Nalanda.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Chief Additional Secretary, Panchayati Raj
     Department, Government of Bihar, Patna.
2.   The Chief Additional Secretary, Panchayati Raj Department, Government of
     Bihar, Patna.
3.   The Principal Secretary, Panchayati Raj Department, Government of Bihar,
     Patna.
4.   The Special Works Officer, Panchayati Raj Department, Government of
     Bihar, Nalanda.
5.   The District Magistrate-Cum-Collector, Nalanda at Biharsharif.
6.   The District Panchayat Raj Officer, Nalanda at Biharsharif.
7.   The Block Development Officer, Islampur, Nalanda at Biharsharif.
8.   The Circle Officer, Islampur, Nalanda at Biharsharif.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Mritunjay Kumar, Advocate
     For the State          :      Mr. Government Pleader (26)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT

Date : 18-03-2025

Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ petition has been filed for a direction

to the respondent authority to construct the Panchayat Sarkar

Bhawan on the Government Laqnd of Mauza- Sakari Thana No. 123

pertaining to Khata No. 664, Khesra No. 3153, Area 81 Decimals Patna High Court CWJC No.4286 of 2025 dt.18-03-2025

instead of Thana No. 123, Khata No. 360, Khesra No. 2485, Area 576

Decimals.

3. Learned counsel for the State has taken a preliminary

objection with regard to the maintainability of writ petition and

submits as per guidelines of the State Government the only elected

members of the area or the Officials of the District is competent to

take a decision with respect to construction of the Panchayat Sarkar

Bhawan. He has also relied upon a judgment of the Division Bench

of this Hon'ble Court in the case of Naveen Kumar Ram and Other,

vide order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023,

recorded that "Whether the Panchayat Sarkar Bhawan is

constructed at side A or B is an issue best left to the people's

representatives in the local self government institutions as well as

local authorities to decide based on various factors/parameters.

Such a decision is essentially a matter of policy."

4. In view of the aforesaid, the writ petition stands

dismissed.

(Rajesh Kumar Verma, J) Ibrar//-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          19.03.2025
Transmission Date       N.A.