Patna High Court
Guddu Yadav vs The State Of Bihar on 15 September, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10138 of 2025
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1. Guddu Yadav Son of Rajendra Yadav, Ward Member Ward No.9 Gram
Panchayat Pathra, Resident of Village and PO Pathra PS Barahat, District
Banka.
2. Pramod Thakur Son of Late Bharosi Thakur, Ex Mukhiya Gram Panchayat
Pathra, Resident of Village and PO Pathra PS Barahat, District Banka.
3. Jawahar Das Son of Late Bharat Lal Ravidas, Resident of Village and PO
Pathra PS Barahat, District Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Panchayati
Raj Bihar, Patna.
2. Principal Secretary, Department of Panchayati Raj Bihar, Patna.
3. Principal Secretary, Department of Rural Development Bihar, Patna.
4. District Magistrate, Banka.
5. Deputy Development Commissioner, Banka.
6. District Panchayati Raj Officer, Banka.
7. Block Development Officer, Barahat, District Banka.
8. Circle Officer, Barahat, District Banka.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the Respondent/s : Standing Counsel (28)
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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 : 15-09-2025
In the instant writ petition, petitioner has prayed for the
following reliefs :
"1. That the present application is
being filed in Public Interest with a prayer to
direct the District Administration Banka to
Patna High Court CWJC No.10138 of 2025 dt.15-09-2025
2/6
construct Panchayat Sarkar Bhawan in a
designated place selected in Aamsabha
Communicated by Mukhiya Gram Panchayat Raj
Pathra & Further Mukhiya to village Gram
Panchayat Raj Pathra Communicated decision
by Letter No.16/25 dated 09.05.25 in which in
addition to other it was communicated that
measurement of Land in front of MNREGA
Bhawan in Village Pathra was made & selected
by gram Panchayat even then Circle officer
wants to construct Panchayat Raj Bhawan
outside the Panchayat Headquarter at Pathra
whereas the Land selected by Gram Panchayat is
adjacent to Udyog Bhawan, Public Health
Centre, Harijan Hostel & library, Senior
Secondary School Pathra, High School, Pathra
& its Middle School too situated around the same
Plot No.1917 under Khata No.315 area 103
decimal as such the present application is being
filed in public interest with prayer of issuance of
appropriate writ order or direction of writ in the
nature of mandamus commanding the
respondents for following main relief :
(i) That for issuance of appropriate
writ/order/direction or writ in the nature of
mandamus commanding the respondents to
Direct Construction of Panchayat Sarkar
Bhawan in the Land selected by Gram Panchayat
communicated by Letter No. 16/2025 dated
09.05.25
under the Signature of Mukhiya & nine
ward Member, including freedom fighter
Barhmeshwar Mandal & other co-villager signed
Patna High Court CWJC No.10138 of 2025 dt.15-09-2025
over the letter & submitted to District Magistrate
selecting Plot No. Plot No.1917 under Khata
No.315 area 103 decimal as such direction may
kindly be issued commanding the respondent to
respect the decision of Gram Panchayat.
(ii) That for issuance of appropriate
writ/order/direction or writ in the nature of
mandamus commanding the respondents to
adhere the decision of Aaam Sabha & the Gram
Panchayat regarding construction of Panchayat
Sarkar Bhawan & direct the respondents
protecting Rights of Aam Sabha & local Public
Representatives, as enshrined in the statement of
object to 73rd amendment.
(iii) That for issuance of appropriate
writ/order/direction or writ in the nature of
mandamus commanding the respondents District
Magistrate to recover the amount incase used by
the Contractor in connivance with Circle officer
who unilaterally altered the decision of Gram
Panchayat & Mukhiya as well as Majority of
ward Members represented in writing recording
decision of Aam Sabha selecting Plot No.1917
under Khata No.315 area 103 decimal Land
selected by Gram Panchayat is adjacent to
Udyog Bhawan, Public Health Centre, Harijan
Hostel & library, Senior Secondary School
Pathra, High School, Pathra & its Middle School
too but Circle officer selected the Spot outside the
municipal boundary of Panchayat Headquarter
as such direction may kindly given to follow the
Patna High Court CWJC No.10138 of 2025 dt.15-09-2025
command of Panchayat at least in construction of
Panchayat Sarkar Bhawan.
(iv) That for grant of any other relief
or reliefs to which the petitioner be found entitled
in law be granted to them."
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 fide or contrary to statutory
provisions, Courts cannot interfere;
Patna High Court CWJC No.10138 of 2025 dt.15-09-2025
(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 a 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.
6. Perusal of the representation, the petitioner is seeking
Panchayat Bhawan to be constructed in particular plot or area.
Citizens cannot decide Panchayat Bhawan is required to be
constructed in which place or spot. On the other hand, State
Government has evolved policy for the purpose of construction of
Panchayat Bhawan. Therefore, the petitioner can seek only for
construction of Panchayat Bhawan in the relevant Panchayat. If
such application or representation is submitted to the concerned
Patna High Court CWJC No.10138 of 2025 dt.15-09-2025
authority, the concerned authority is hereby requested to expedite
the grievance of the petitioner to be demanded and filed.
(P. B. Bajanthri, ACJ)
(Alok Kumar Sinha, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 19.09.2025
Transmission Date
