Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7622 of 2023 ====================================================== 1.

Arun Kumar, Son of Maheshwari Yadav, resident of Village- Bhelai, P.O. - Sondiha Babhangama, P.S.- Dhoraiya, District - Banka. 2.

Pritam Kumar Singh, Son of Lal Mohan Singh, resident of Village - Mahmadpur, P.O. - Jagatpur, P.S. - Panjwara, District - Banka. 3.

Kanta Pandey, Son of Bharat Pandey, resident of Village- Jagatpur, P.O.- Jagatpur, P.S. - Panjwara, District - Banka.

4.

Parshuram Harijan, Son of Late Madhu Harijan, resident of VillageJagatpur, P.O. Jagatpur, P.S. - Panjwara, District- Banka. 5.

Devi Lal Chauhan Son of Mittan Chauhan, resident of Village - Teloundha, P.O. - Jagatpur, P.S. - Panjwara, District - Banka. 6.

Anup Lal Rat @ Anuplal Raut @ Anup Lal Singh Son of Brij Mohan Singh, resident of Village - Bhelay, P.O. - Sondiha Babhangama, P.S. - Dhoraiya, District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The District Collector, Banka, Police Station - Banka, District- Banka. 4.

The Deputy Development Commissioner, Banka, P.S.- Banka, District - Banka.

5.

The District Panchayat Raj Officer, Banka, P.S.- Banka, District - Banka. 6.

The Deputy Collector, Land Reform Banka, P.S.- Banka, District - Banka. 7.

The Block Development Officer, Dhoraiya, Banka. 8.

The Block Panchayati Raj Officer, Dhoraiya, Banka. 9.

The Panchayat Secretary, Gram Panchayat Bhelai, Block - Dhoraiya, District - Banka.

10.

Karuna Devi, Mukhiya, Gram Panchayat Bhelai, Block- Dhoraiya, P.O. - Sondiha Babhangama, P.S. - Dhoraiya, District - Banka, PIN CODE813123. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate.

For the State :

Mr. Virendra Kumar, AC to GP-10.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-12-2023 Heard Dr. Sanjay Kumar Singh, learned counsel

Patna High Court CWJC No.7622 of 2023 dt.11-12-2023 2/3 appearing on behalf of the petitioner and Mr. Virendra Kumar, learned AC to GP-10 for the State.

2. The petitioner has filed the writ petition for the following reliefs:

"That this writ application is directed for issuance of a Writ in the nature of mandamus or any other appropriate order or direction commanding the respondents to direct that the 'Panchayat Sarkar Bhawan' of the Gram Panchayat Bhelay under Block-Dhoraiya, District - Banka be constructed at the head quarter of the Gram Panchayat at Village - Bhelay on either the government land available bearing Khata No.67 Khesra No. 633 Area 6 Acre 33 decimal or at the land bearing Khata No.66, Khesra No.695, Area 1 Acre 63 decimal whose land owner petitioner no.6 and his brothers are ready to donate the land."

3. Dr. Sanjay Kumar Singh, learned counsel appearing on behalf of the petitioner submits that the petitioner no.6 wants to donate 50 decimal of land or the land as required for construction of 'Panchayat Sarkar Bhawan' at Headquarter Village of Panchayat Bhelay. The Mukhiya belongs to other village namely Amjhora. Learned counsel further submits that on 21.12.2022, the petitioners and others filed representation/application before the Circle Officer, Dhoraiya, Banka and the Block Development Officer, Dhoraiya, Banka stating therein that the head quarter of the Panchayat is at Village - Bhelay and a Government land bearing Khata No. 66, Khesra No. 633 Area more than 1 acre is available at Village - Bhelay and therefore construction of 'Panchayat Sarkar

Patna High Court CWJC No.7622 of 2023 dt.11-12-2023 3/3 Bhawan' would be at Village - Bhelay. He further submits that the the petitioner no.6 is voluntarily willing to donate 50 decimal of land for the construction of the Panchayat Sarkar Bhawan adjoining to Khata No. 66, Khesra No. 633.

4. Considering the submission made on behalf of the petitioner, the petitioner may file a detailed representation before the Collector, Banka who shall dispose of the representation of the petitioner considering the fact that as per the government requirement, 'Panchayat Sarkar Bhawan' is essentially required to be constructed at Headquarter village of the respective Panchayat.

5. The writ application, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 13.12.2023 Transmission Date N.A.