Patna High Court
Deepak Kumar vs The State Of Bihar on 12 September, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7572 of 2025
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Deepak Kumar son of Sado Rajwanshi, Resident of Village Punthar, P.S.
Narhat, District Nawada
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar,
Patna.
3. The District Magistrate Cum-Collector Nawada.
4. The District Development Commissioner, Nawada
5. The Panchayati Raj Officer, Nawada.
6. The Sub-Divisional Officer, Rajauli, Nawada.
7. The Block Development Officer, Narhat, Nawada,
8. The Circle Officer, Narhat, Nawada.
9. The Mukhia Punthar Gram Panchayat, Narhat, Nawada.
10. The Panchayat Secretary, Punthar Gram Panchayat, Narhat, Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amar Nath Singh, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 12-09-2025
In the instant writ petition, the petitioner has prayed for
the following relief(s):-
"That in the larger public Interest this is an
application for issuance of an appropriate writ, order or
direction directing the respondents to cancel the decision
of the Panchayati Raj Department whereby construction
of Panchayat Sarkar Bhawan on the land bearing khata
Patna High Court CWJC No.7572 of 2025 dt.12-09-2025
no. 187Plot No. 1025 area 0.34 decimal situated at
Mauza Punthar under the Gram Panchayat Punthar,
Narhat Nawada which is the only cremation Ground of
village Punthar where about 100 family of
Mahadali/schedule Caste (Rajwar, Ravidas, Manjhi,
Paswan resides) and further direct the Respondent
concern to reallocate the Panchayat Sarkar Bhawan at
another suitable land.
And further Respondents be restrained from
constructing Panchayat Sarkar Bhawan or any
construction over the said land or from changing nature
of land.
And for any other relief for which the
petitioner is entitled in the facts and circumstances of the
case."
2. It is well settled that such matters fall within the
policy/making domain of the Executive, and unless the policy is
shown to be arbitrary, discriminatory or unconstitutional, this
Court cannot substitute its wisdom for that of the Government.
3. Hon'ble Supreme Court in its several decisions
held that Court should not interfere in policy matters except on
certain limited grounds, namely:
(a) State of Himachal Pradesh and Others vs.
Himachal Pradesh Nizi Vyavsayik
Prishikshan Kendra Sangh, reported in
(2011) 6 SCC 597 in which it is held that
Courts are not intended to and should not
substitute their views in the views of the
Executive in policy matters;
(b) BALCO Employees' Union (Regd.) vs.
Union of India and Others, reported in
(2002) 2 SCC 333 in which it is held that
unless a policy decision is arbitrary, mala
Patna High Court CWJC No.7572 of 2025 dt.12-09-2025
fide or contrary to statutory provisions,
Courts cannot interfere;
(c) Narmada Bachao Andolan vs. Union of
India and Others, reported in (2000) 10
SCC 664 in which it is held that Courts
should not examine the wisdom or
correctness of policy choices.
4. The aforementioned principles are evident that the
decision whether or not to establish Panchayat Bhawan is a
matter of Governmental policy based on various socio-
economic factors. The Court cannot issue a mandamus
compelling the State to deviate from its policy framework.
5. In the light of aforementioned discussions, writ
petition is dismissed, with liberty to the petitioner to make a
detailed representation to the competent authority, who will
consider the same in accordance with law and Government
policy.
(P. B. Bajanthri, ACJ)
(Alok Kumar Sinha, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.09.2025
Transmission Date NA
