Ramawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3693 of 2025 ====================================================== Ramawati Devi Wife of Sri Madan Prasad Yadav Resident of VillageBrahmpura, P.S.-Banjariya, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Panchayati Raj Department, Bihar, Patna.

2.

The Director, Panchayati Raj, Department, Bihar, Patna. 3.

The District Magistrate, East Champaran at Motihari. 4.

The Distirct Panchayati Raj, Padadhikari, East Champaran. 5.

The Block Development Officer, Banjariya Block, District-East Champaran. 6.

The Block Panchayat Raj Officer, Banjariya District-East Champaran. 7.

The Circle Officer, Banjariya Block East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the State :

Mr. Sita Ram Yadav, GP 16 Mr. Jitendra Kumar, AC to GP 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner has filed this writ petition for construction of the Panchayat Bhawan as per the decision of the Gram Sabha.

3. Learned counsel for the petitioner submits that after the decision was taken by the Gram Sabha, the authority has changed the place of construction of the Panchayat Bhawan which is 5 kilometers away from the proposed construction site.

4. A Division Bench of this Hon'ble Court has dismissed the writ petition of the petitioners namely, Naveen Kumar Ram & Others, vide order dated 07.04.2023 passed in

Patna High Court CWJC No.3693 of 2025(2) dt.04-03-2025 2/2 C.W.J.C. No. 3282 of 2023, which is quoted hereinbelow:- " The averments in the writ petition discloses that all the petitioners were public representatives of the Gram Panchayat in question at the time the earlier site was selected in 2021. They have alleged that the Gram Sabha comprising of present members and Mukhiya have now initiated shifting of the proposed site for construction of the Panchayat Sarkar Bhawan to a place which is not suitable.

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 onvarious factors/parameters. Such a decision isessentially a matter of policy.

This Court is, therefore, not inclined to exercise its discretionary jurisdiction in respect of such policy matters."

5. In view of the aforesaid, the construction of the Panchayat Sarkar Bhawan as per the guidelines of the State Government is under the domain of the local self government institutions as well as the local authorities to decide, based on various factors/parameters. No case is made out for interference in the matter.

6. In view of the order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023, the writ petition is, accordingly, dismissed.

(Rajesh Kumar Verma, J) Vanisha/- U