Anant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10065 of 2025 ====================================================== Anant Kumar Son of Late Veni Madhav Singh, Resident of Village- Dewan, Post- Dewan, P.S. Dhanarua, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

3.

The District Magistrate, Patna, District Patna. 4.

The District Pachayat Raj Officer, Patna, District- Patna. 5.

The Sub-Divisional Officer, Masaurhi, District- Patna. 6.

The Block Development Officer, Dhanarua, District- Patna. 7.

The Circle Officer, Dhanarua, District- Patna. 8.

The Block Panchayat Raj Officer, Dhanarua, District- Patna. 9.

The Mukhiya, Gram Panchayat Raj, Dewan, Block- Dhanarua, DistrictPatna. 10.

The Panchayat Secretary, Gram Panchayat Raj, Dewan, Block- Dhanarua, District- Patna.

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

For the Petitioner :

Mr. Vikash Kumar Singh, Advocate For the State :

Mr. Subhash Pd. Singh, GA-03 :

Mr. Indeshwari Pd. Singh, AC to GA-03 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for claiming the following reliefs:- (I) For issuance of an appropriate writ in the nature of MANDAMMUS commanding and directing the Respondent Authorities to produce on

2/4 record the No Objection Certificate granted by the Respondent no.7 for construction of Panchayat Sarkar Bhawan, Gram Panchayat Raj, Dewan in Khata No.66, Plot No.2 situated at the bank of river Dargha contrary to the guidelines issued by the State Government and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that the said land is situated at the bank of a river which can submerge in river Dargha on any date as also on the ground that it is far away from the headquarter of village of Gram Panchayat and contrary to the decision of Aam Sabha selecting another suitable land for construction of Panchayat Sarkar Bhawan.

(II) For issuance of an appropriate writ in the nature of MANDAMMUS commanding and directing the Respondent Authorities for selection of any other suitable site for construction of Panchayat Sarkar Bhawan of Gram Panchayat Raj, Dewan in view of the instructions issued by the Panchayati Raj Department vide its letter no.8354 dated 30.08.2022 according to which there is provision for construction of Panchayat Sarkar Bhawan on a land donated in the name of Governor of Bihar through the

3/4 registered deed of gift for which a public petition has also been filed and there is also sufficient public land of Khata Nos.

32,33 and 70 bearing Plot Nos. 297,298, 299 and 300 situated near old Panchayat Bhawan where the villagers have no objection if the Panchayat Sarkar Bhawan is constructed.

(III) For issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that for seeking the reliefs as claimed for in the present writ application, the petitioner is ready to file a detailed representation before the District Magistrate, Patna (Respondent No. 3) and, therefore, liberty may kindly be granted to the petitioner to file such a representation within two weeks from today. He further prays that if such a representation is filed, the Respondent No. 3 may kindly be directed to dispose of the same on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.

4. Considering the limited nature of prayer being made by the learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file

4/4 a detailed representation before the District Magistrate, Patna (Respondent No. 3) within two weeks from today and if such a representation is filed, the District Magistrate, Patna is directed to dispose of the same on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order. The entire exercise must be concluded within a period of three months from the date of filing of the representation.

5. With the aforesaid observation and direction, this writ application is disposed of. All pending Interlocutory Applications, if any shall stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U