Bibhaw Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1241 of 2025 ====================================================== Bibhaw Kumar Singh Son of Baidyanath Prasad Singh, Resident of VillageMahadeva, P.S.-Raxaul, District-East Champaran, Bihar-845305. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Government of Bihar, Patna.

2.

The Secretary, Panchayat Raj Department, Government of Bihar, Patna. 3.

The District Magistrate, East Champaran at Motihari. 4.

The District Panchayat Raj Officer, East Champaran at Motihari. 5.

The Executive Engineer, Bhawan Nirman Department, Pramandal at Motihari, East Champaran, Bihar.

6.

Sub Divisional Officer, Raxaul, East Champaran, Bihar. 7.

Block Development Officer, Raxaul, East Champaran, Bihar. 8.

Block Panchayati Raj Officer, Raxaul, East Champaran, Bihar. 9.

The Circle Officer, Anchal Raxaul, East Champaran, Bihar. 10.

Mukhiya Gram Panchayat Nonea Dih, Police Station-Raxaul, East Champaran, Bihar.

11.

Panchayat Secretary, Gram Panchayat Nonea Dih, Police Station-Raxaul, East Champaran, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohd. Rustam Hussain, Advocate For the Respondent/s :

Advocate General Mr. Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 04-07-2025 Heard Mr. Mohd. Rustam Hussain, the learned Advocate for the petitioner and Mr. Vikash Kumar, learned Advocate for the State.

2. The grievance of the petitioner is that for no

Patna High Court CWJC No.1241 of 2025 dt.04-07-2025 2/3 apparent good reason, the Panchayat Sarkar building in Nonea Dih Panchayat at Raxaul in the District of East Champaran is being constructed in a village with lesser population instead of the headquarter village of Mahadeva Tola.

3. The petitioner does not insist for construction of Panchayat Sarkar building in the headquarter village but submits that for selection of the site, the circular in that regard ought to have been followed.

4. We have perused the affidavit filed on behalf of the State which indicates that on the request of the Block Panchayat Raj Officer-cum-Executive Officer, Panchayat Samiti, Raxaul, for allocation of land for the purposes of construction of Panchayat Sarkar Bhawan of Nonea Dih Panchayat, efforts were made to find a suitable Government land for the same.

5. One land of the dimension of 2 acres and 53 decimals area situated in Mauza-Srirampur was identified.

6. The identified land in question is surrounded

Patna High Court CWJC No.1241 of 2025 dt.04-07-2025 3/3 by road on its three sides.

7. Finding the land to be suitable for construction of Panchayat Sarkar Bhawan, recommendation was made for transferring the land on 13.09.2022.

8. The decision with respect to suitability of the land has also been approved by the Gram Sabha of the Panchayat.

9. Though the learned Advocate for the petitioner contests such statement factually, but considering the fact that the averments made in the counter affidavit have not been traversed, we find no good reason to continue with this case any further.

10. The petition is dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Shiv/Sunil AFR/NAFR CAV DATE N/A Uploading Date 07.07.2025.

Transmission Date