Abinash Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.7128 of 2015 (2) dt.19-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7128 of 2015 ======================================================

1. Abinash Kumar Singh. Son of Sri Satyendra Narayan Singh. Resident of village - Daulatpur, Rani Tola, P.O.- Daulatpur Gandhi Tola, P.S.- Fathua, District - Patna. ... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

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

4. The District Magistrate, Patna, District - Patna.

5. The Deputy Development Commissioner, Patna, District - Patna.

6. The Circle Officer, Fatuha, District - Patna.

7. The Mukhiya, Gram Panchayat Raj, Rukunpur, Block - Fatuha, District - Patna.

8. The Panchayat Secretary, Gram Panchayat Raj, Rukunpur, Block - Fatuha, District - Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Mangalam, Advocate Mr. Chandan, Advocate For the Respondent/s : Mr. Ashok Kumar Keshri, AAG II ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 19-04-2016 Heard Mr. S.B.K. Mangalam, learned counsel appearing for the petitioner, and Mr.A.K. Keshri, learned Addl. Advocate General No.11 for the State.

With the help of this Public Interest Litigation, the petitioner seeks quashing of the decision to construct Panchayat Sarkar Bhawan, in village Gangapur, instead of constructing the same in the Headquarter of Gram Panchayat in view of instructions issued by the Panchayati Raj Department,

Patna High Court CWJC No.7128 of 2015 (2) dt.19-04-2016 Government of Bihar, Patna.

The respondents have filed counter affidavit opposing the relief sought for by the petitioner. They submit that in the Fatuha Block, there are 15 Panchayats and it is not economically feasible for the State Government to construct Panchayat Sarkar Bhawan in each Panchayat and the Government, therefore, came out with a policy of clustering the Panchayats and having one common Panchayat Sarkar Bhawan. In Fatuha Block, three Panchayats were clustered with one unit and the Panchayat Sarkar Bhawan is under construction in Rukunpur, which would cater to other panchayats as well.

In view of the counter affidavit of the respondents, we find that the petitioner has not been able to make out any case for interfering with the decision to construct Panchayat Sarkar Bhawan in Rukunpur. This writ application is, accordingly, dismissed.

(I.A. Ansari, ACJ) (Samarendra Pratap Singh, J) Md.Jamaluddin Khan U