Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9170 of 2025 ====================================================== Manjit Kumar S/o Narshingh Prasad, R/o- Modanganj, Post- Modanganj, P.sGhoshi, Dist- Jehanabad- 804432, Adhar no- 391269411683, Mob9504656656. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna800001 2.

The Principal Secretary, RWD, Bihar, Bishwesraiya Bhavan, Bailey Road, Patna-800001.

3.

The Engineer In Chief, RWD, Bihar, Bishwesraiya Bhavan, Bailey Road, Patna- 800001.

4.

The District Magistrate, Jehanabad, P.S. and P.O.- Jehanabad- 804417. 5.

The Sub Divisional Officer (S.D.O), Jehanabad, P.S. and P.O.- Jehanabad804417. 6.

The District Panchayat Officer, Jehanabad, P.S. and P.O.- Jehanabad804417. 7.

The Circle officer, Modanganj, Modanganj Block Office, Modanganj Jehanabad- 804418.

8.

The Ex. Engineer, LAEO, Jehanabad, P.S. and P.O.- Jehanabad- 804417. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the State :

Mr.Government Advocate (2) Mr.Akhileshwar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 14-07-2025 Heard the parties.

2. In the present writ application, the petitioner has prayed for grant of following reliefs:- "i. For quash/stay the impugned order no. 1137 dt-04.07.2024 to construct the Panchayat Sarkar Bhavan at Govindpur under protest of villagers of Gobindpur which is against the Govt. guideline/circular in this regard.

Patna High Court CWJC No.9170 of 2025(2) dt.14-07-2025 2/3 ii. For direction to the respondents all to construct the Panchayat Sarakar Bhavan at Circle-Modanganj at Mauja Modanganj, Thana no-538, Khata no-149. Plot no-2160 area-28 dismil and Khata no-148, plot no-2191 area-24 dismil (Govt. Land), as per his letter no. 1058 dt-16.06.2021 which was recommended by Panchayat Samiti/C.O, Modanganj, District Panchayat Officer and D.M, Jehanabad.

iii. For granting any relief/s for which the petitioner be entitled in law."

3. The learned Division Bench of this Court vide judgment and order dated 23.02.2024, passed in CWJC No.3280 of 2024 has held and observed as follows:- "It is worth noting that so far the construction of Panchayat Sarkar Bhawan is concerned, the same is within the exclusive jurisdiction of the Gram Panchayat and a decision as to its situs lies entirely within the domain of Panchayat concerned and the State Government has exclusive jurisdiction to take a decision in this regard. So far the grievance of the petitioner is concerned, he has already represented before the concerned authorities, including the District Magistrate, Arwal and any direction of this Court would be uncalled for, in the matter."

4. In light of the aforesaid decision of the learned

Patna High Court CWJC No.9170 of 2025(2) dt.14-07-2025 3/3 Division Bench, this writ application is not maintainable, hence it is accordingly disposed off. However, the petitioner is granted liberty to file representation before the District Magistrate, Jehanabad, within a period of two weeks from the date of passing of this order.

5. The writ application is disposed off as not maintainable with the aforesaid liberty granted. (Alok Kumar Sinha, J) Saurav/- U