Suresh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13486 of 2025 ====================================================== Suresh Prasad Singh Son of Pradip Singh, Resident of Village-Puri, P.S.- Pawapuri, District-Nalanda (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Biharsharif, Nalanda.

3.

The Sub-Divisional Officer, Rajgir.

4.

The Block Development Officer, Giriyak, Nalanda. 5.

The Circle Officer, Giriyak, Nalanda.

6.

The Executive Officer, Nagar Panchayat Pawapuri, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hansraj, Advocate For the Executive Officer :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 31-10-2025 Following are the reliefs sought for in the present writ application:- "(i) For issuance of an appropriate writ commanding the respondent to make construction of the Panchayat Bhawan at its existing place or if it is not possible for a technical reason, the name shall be constructed near the Jalmandir.

(ii) For issuance of an appropriate writ, restraining the respondents not to construct the Panchayat Bhawan, on the land

Patna High Court CWJC No.13486 of 2025(2) dt.31-10-2025 2/3 for which NOC has been issued by the Circle Officer, Giriyak, Nalanda.

(iii) For any other relief/reliefs for which petitioner is entitled under law as well as on the facts."

2. Considering the reliefs sought for, it is advisable that the local authority should take a decision in respect to the site selection and construction of the Panchayat Bhawan.

3. Whether the Panchayat Bhawan is constructed at site 'A' or 'B' is an issue best left to the people representatives in the local self-government institutions as well as the local authorities to decide based on various factors/parameters. Such decision is essentially a matter of policy

4. Further, a Coordinate Bench of this Court in C.W.J.C. No. 8361 of 2023, has held that construction of Government buildings like Panchayat Bhawan etc. is a matter of policy and cannot be subject to P.I.L. The relevant paragraph of the judgment is reproduced as under:- "6. .......Further in the opinion of this Court, the decision with respect to construction of Government buildings like the Panchayat Sarkar Bhawan etc., which is carried out in the furtherance of the policy decision of the State Government cannot be a subject matter of public interest litigation."

Patna High Court CWJC No.13486 of 2025(2) dt.31-10-2025 3/3

5. The writ application is, accordingly, dismissed. (Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Sachin/- U