Bhimsen Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8473 of 2025 ====================================================== Bhimsen Singh Son of Ganesh Singh, resident of village- Chein Nawada, P.S.- Salaiya, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Panchayati Raj Department Govt. of Bihar, Patna. 3.

The District Magistrate, Aurangabad (Bihar).

4.

The Panchayati Raj Officr, Aurangabad (Bihar). 5.

The Block Development Officer, Madanpur, Aurangabad (Bihar). 6.

The Circle Officer, Madanpur, Aurangabad (Bihar). 7.

The Mukhiya Gram Panchayat Chain Nawadah, P.S. - Salaiya, Block - Madanpur, District - Aurangabad (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Respondent/s :

Mr.Standing Counsel 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-07-2025 Heard the parties.

2. With consent of both the parties, this writ application is disposed of at the present stage itself.

3. The prayer made in this writ application is for issuance of writ of Mandamus for commanding and directing the respondent authorities to construct the Panchayat Sarkar Bhawan in Panchayat Chein Nawada Block-Madanpur, District-Aurangabad and for further direction to the respondents authority to restrain the construction of Panchayat Sarkar Bhawan in elsewhere.

4. Issue relating as to where the Panchayat Sarkar Bhawan should be constructed is no longer res integra. In the case of Krishna Deo Kumar Vs. The State of Bihar by judgment dated

Patna High Court CWJC No.8473 of 2025(2) dt.11-07-2025 2/2 23.02.2024 in C.W.J.C. No. 3280 of 2024 Division Bench of this Court has held and observed as follows :- "5. 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 grieance 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."

5. In the light of the above observation of the Division Bench of this Court, this Court is constrained to dispose of the present writ application as not maintainable on account of the fact that the matter relating to construction of Panchayat Bhawan has been held to be within the exclusive jurisdiction of the Gram Panchayat and it lies entirely in the domain of Panchayat concerned and the State Government.

6. Accordingly, this writ application stands disposed of as not maintainable.

(Alok Kumar Sinha, J) sanjeev/- U