Shailendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2472 of 2022 ====================================================== 1.

Shailendra Kumar Singh Son of Sri Ashok Kumar Singh Resident of Village- Chakua, Panchayat- Jagdishpur, Block and P.S.- Kutumba, DistrictAurangabad. 2.

Rambali Singh Son of Late Basawan Singh Resident of Village- Chakua, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District- Aurangabad. 3.

Manoj Kumar Singh Son of Maksudan Singh Resident of Village- Chakua, Panchayat- Jagdishpur, Block and P.S.- Kutumba, District- Aurangabad. 4.

Ashok Kumar Singh Son of Late Chandradip Singh Resident of VillageDaswat Bigha, Panchayat- Jagdishpur, Block and P.S.- Kutumba, DistrictAurangabad. 5.

Baleshwar Singh Son of Late Ram Lagan Singh Resident of VillageJagdishpur, Panchayat- Jagdishpur, Block and P.S.- Kutumba, DistrictAurangabad. 6.

Alakhdeo Prasad Sinha Son of Late Tulsi Lal Resident of VillageJagdishpur, Panchayat- Jagdishpur, Block and P.S.- Kutumba, DistrictAurangabad. 7.

Jay Ram Kumar Singh Son of Late Naresh Singh Resident of Village- Oar 8.

Manoj Pandey Son of Baleshwar Pandey Resident of Village- Chintawan Bigha, Panchayat- Jagdishpur, Block and P.S.- Kutumba, DistrictAurangabad. 9.

Harihar Mistry Son of Late Budhan Mistry Resident of Village- Daswat Bigha, Panchayat- Jagdishpur, Block and P.S.- Kutumba, DistrictAurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

District Magistrate, Aurangabad.

4.

District Panchayat Raj Officer, Aurangabad.

5.

Sub Divisional Officer cum Sub- Divisional Public Grievance Cell Officer, Aurangabad.

6.

Block Development Officer, Kutumba, District- Aurangabad. 7.

The Circle Officer, Kutumba Circle, District- Aurangabad. 8.

Mukhiya, Gram Panchayat- Jagdishpur, Block- Kutumba, DistrictAurangabad. 9.

Panchayat Sachiv, Gram Panchayat- Jagdishpur, Block- Kutumba, DistrictAurangabad. ... ... Respondent/s

Patna High Court CWJC No.2472 of 2022 dt.12-04-2023 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Jha, Advocate For the Respondent/s :

Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 12-04-2023 This writ petition has been filed as a Public Interest Litigation (P.I.L.) for issuance of directions to ensure that the Authorities construct Panchayat Sarkar Bhawan in the headquarter of Panchayat at village Jagdishpur and not at village Arti.

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, as contained in the Departmental letter dated 26.11.2019 issued by the Principal Secretary, Panchayati Raj Department, to all District Magistrates. Considering the said departmental letter, this Court has earlier rejected another PIL seeking construction of Panchayat Sarkar Bhawan at a particular place, vide judgment dated 10.04.2023 passed in CWJC No. 3777 of 2023.

This Court is, therefore, not inclined to exercise its

Patna High Court CWJC No.2472 of 2022 dt.12-04-2023 3/3 discretionary jurisdiction in respect of such matters of executive policy.

The writ petition is misconceived and is accordingly dismissed.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) shashank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.04.2023 Transmission Date NA