Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4870 of 2023 ====================================================== Shanti Devi, Wife of Nawal Kishore Bind, Resident of Village- Bishubigha, P.S.- Ghoshi, District- Jehanabad.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Jehanabad.

3.

The Deputy Developmemt Commissioner Cum Chief Executive Officer, Jila Parishad, Jehanabad.

4.

The Senior Incharge Officer, Modanganj, Block Cum Senior Deputy Collector, Jehanabad.

5.

The District Panchayat Raj Officer, Jehanabad. 6.

The Block Development Officer, Modanganj, District- Jehanabad. 7.

The Circle Officer, Modanganj, District- Jehanabad. 8.

The Mukhiya Gram Panchayat Govindpur, Block- Modanganj, DistrictJehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Advocate For the Respondent/s :

Mr. S.K. Mandal, SC-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 18-04-2023 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 Bhawan as per recommendation made in the Aam Sabha under the chairmanship of Mukhiya. Whether the Panchayat Bhawan is constructed at site A or B is an issue best left to the people's representatives in the

Patna High Court CWJC No.4870 of 2023 dt.18-04-2023 2/2 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 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) SUMIT/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.04.2023 Transmission Date NA