Babi Devi @ Bebi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7788 of 2025 ====================================================== 1.

Babi Devi @ Bebi Devi W/o Manoj Rajvanshi, Village-Chitarghatti, P.S.-Hisua, DistrictNawada. 2.

Lal Mani Devi, W/o Rambilash Manjhi, Village-Chandrasekhar Nagar, P.O.-Bhadseni, P.S.- Hisua, District-Nawada.

3.

Umesh Kr. Yadav, son of Hari Prasad, Village-Manghway, Tola-Dharampur, P.S.-Hisua, District-Nawada.

4.

Pawan Rajvanshi @ Pawan Kumar, Son of Laksman Rajvanshi, Resident of VillageChitaghatti, P.S.-Hisua, District-Nawada. 5.

Kari Devi, Wife of Rajkumar Manjhi, Resident of Village-Maula Nagar, P.S.-Manjhway, P.S.-Hisua, District-Nawada.

6.

Manoj Pandit @ Manoj Kumar, Son of Tulsi Pandit, Resident of Village-chitaghatti, P.S.- Manjhway, P.S.-Hisua, District-Nawada.

7.

Silpi Devi, W/o Satendra Kumar, Resident of Village-Chitarghatti, P.S.-Manjhway, P.S.- Hisua, District-Nawada.

8.

Gaytri Devi, W/o Rishi Rajvanshi, Resident of Village-Chitarghatti, P.S.-Manjhway, P.S.- Hisua, District-Nawada.

9.

Sona Devi, W/o Sanjay Chaudhary, Resident of Village-Chitarghatti, P.S.-Manjhway, P.S.- Hisua, District-Nawada.

10.

Ashok Kumar, S/o Baliram Prasad, Village-Bhadseni, Tola-Rajbigha, P.S. Hisua, Nawada. ... ... Petitioner/s

Versus

1.

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

2.

The Collector/District Magistrate, Nawada.

3.

The District Panchayat Raj Padadhikar, Nawada. 4.

L.R.D.C., Nawada.

5.

Anchal Adhikari, Hisua Anchal, District-Nawada. 6.

Block Development Officer, Hisua Block, District-Nawada. 7.

Sri Vivek Thakur, Member of Parliament (New Delhi), Nawada Lok Sabha, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Respondent/s :

Mr. P.K. Shahi, A.G.

====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 12-11-2025 Following is the relief sought for in the present writ application:-

2/4 "1. That, by this Public Interest Litigation, the petitioners hereby pray for issuance of writ or writs, order or direction in the nature of mandamus directing the respondents especially the Respondent No.-2 Collector, Nawada to construct the Panchayat Sarkar Bhawan at village- Maula Nagar under Chitra Ghatti, Gram Panchayat which comes under Hisua block in the district of Nawada where there is more than sufficient land available at Khata No.- 84, Plot No.- 761, total area 6.40 nature of land Purani Parti (Anawad Bihar Sarkar) for which the Respondent authorities have recommended for construction of the same letter issued to the Collector, Nawada vide memo no.- 296 dated 26/05/2023 and details of the land has been given by the Block Development Officer, Hisua by the Anchal Adhkari, Hisua with report of Anchal Amin vide letter no.

- 2 dated 02/01/2025 contained in Annexure 5 and Annexure 6 respectively but later on upon an intervention of the local M.P., Respondent No.- 7 the recommendations have been changed from Maula Nagar to village - Bhadseni where there is no sufficient land since before that a High School and Inter College is running upon the land in question since 2014-2015 and 2022-2023."

2. A counter-affidavit has been filed on behalf of Respondent Nos. 2 to 6, wherein detailed statements have been made in Paragraphs- 6, 7, 8 & 9 which are reproduced hereinbelow:- "6. That it is being most humbly stated and submitted that for the selection of appropriate land for the construction of Panchayat Sarkar

3/4 Bhawan in Gram Panchayat Chitraghatti in terms of the departmental guidelines, a team comprising of the Deputy Development Commissioner, Nawada, the District Panchayat Raj Officer, Nawada & the Executive Engineer, Building Construction Department, Nawada have enquired the matter and Vide Memo No.-439 dated 24.02.2025, a copy of comprehensive report was sent to the District Magistrate, Nawada by which the said enquiry team has recommended for the construction of Panchayat Sarkar Bhawan over the suitable land appertaining to Thana No.-91 Khata No.-391 Plot No.-2236 Area0.40 Acre situated in Mauza-Bhadseni on account of being most populous village of the said gram Panchayat after unavailability of suitable land in the headquarter village of the said gram panchayat.

7. That it is being stated and submitted that thereafter, Vide Letter No.-547 dated 05.03.2025(Annexure-P-8). the District Magistrate, Nawada has sent report in proper format to the Secretary, Panchayati Raj Department, Bihar, Patna for the construction of 4(four) Panchayat Sarkar Bhawans in different blocks of the district including of the said gram panchayat.

8. That it is being stated and submitted that the land appertaining to Thana No.-91 Khata No.-391 Plot No.-2236 Arca-0.40 Acre situated in Mauza-Bhadseni, was selected for the construction of Panchayat Sarkar Bhawan of Gram Panchayat Chitarghatti after unavailability of suitable piece of land in Chitarghatti Mauza which is in terms with departmental guidelines whereby it has categorically been mentioned that in case of unavailability of suitable land in the headquarter village/mauza of the concerned Gram Panchayat, the suitable land of

4/4 other mauza/revenue village can be selected for the construction of Panchayat Sarkar Bhawan.

9. That in the instant matter, the proposal of suitable land for the construction of Panchayat Sarkar Bhawan in the revenue village/mauza of most populous village of the said gram panchayat was sent to the department for further needful."

3. Considering the statements made in the above referred paras of the counter-affidavit, it appears that the site selection for the building in question has been made by the competent authorities, including the local government, after due deliberation and upon consideration of all relevant factors. The decision having been taken in accordance with prescribed procedure and administrative prudence, this Court finds no ground to interfere with the same.

4. Accordingly, the present writ application stands disposed of.

5. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Sachin/- U