Amit Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4974 of 2023 ====================================================== Amit Kumar Mishra, Son of Bhudul Mishra, Resident of Village-Yogiya, P.S. Brahmpur, District Buxar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principle Secretary Department of Panchayat Raj Bihar, Patna.
2.
The District Magistrate, Buxar.
3.
The District Panchayat Raj Officer, Buxar.
4.
The Block Development Officer Brahmpur, District Buxar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Advocate For the Respondent/s :
Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2023 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 head quarter of Gram Panchayat Raj Yogiya Block + P.S. Brahmpur, District Buxar.
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
Patna High Court CWJC No.4974 of 2023(2) dt.11-04-2023 2/2 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/- U