Dharmendra Kumar Mandal v. The State Of Bihar Through The Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11874 of 2025 ====================================================== Dharmendra Kumar Mandal S/o Julumlal Mandal R/o Village-Chitauda, P.S.- Hathauria, P.O.-Dasaut, Dist.-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar.

2.

The Secrtary, Panchayati Raj Department, State of Bihar. 3.

The District Magistrate, Samastipur.

4.

Panchayati Raj Officer, Samastipur.

5.

The Circle Officer, Shivaji Nagar.

6.

The Block Development Officer, Shivaji Nagar, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Adesh Raj, Advocate For the Respondent/s :

Mr. Government Pleader-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned counsel appearing for the respondents-State.

2. The present writ application relates to construction of Panchayat Sarkar Bhawan on the land of Gram Katchari under Gram Panchayat Raj, Rahiyar.

3. In the case of Krishna Deo Kumar vs. The State of Bihar & Ors., learned Division Bench of this Court by judgment dated 23.02.2024 passed in CWJC No.3280 of 2024 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

Patna High Court CWJC No.11874 of 2025(2) dt.24-07-2025 2/2 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 grievance 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."

4. In view of the aforesaid decision of the learned Division Bench, the present writ application so far it relates to construction of Panchayat Sarkar Bhawan in Gram Panchayat Raj, Rahiyar is held to be not maintainable as the issue relating to 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 as the grievance of the petitioner is concerned, the petitioner has already filed a representation dated 01.02.2025 before the District Magistrate, Samastipur (Annexure-P/1) and any direction of this Court would be uncalled for in the matter.

5. Considering the aforesaid facts the present writ application does not merit consideration and the same stands dismissed.

(Alok Kumar Sinha, J) Prakash Narayan U