Yogendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12531 of 2025 ====================================================== Yogendra Ray Son of Late Mahavir Ray, Resident of Village Harpur Bakhari, Post Office Mirzapur, Police Station Ahiyarpur, District Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Land and Reforms Department, Government of Bihar, Patna.
3.
The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 4.
The Director, Panchayati Raj Department, Patna. 5.
The District Magistrate cum Collector, Muzaffarpur. 6.
The District Panchayati Raj Officer, Muzaffarpur. 7.
The Additional Collector, Muzaffarpur.
8.
The Sub Divisional Officer, Muzaffarpur East, Muzaffarpur. 9.
The Circle Officer, Musahari, Muzaffarpur.
10.
The Block Panchayati Raj Officer, Musahari, Muzaffarpur. 11.
The Block Development Officer, Musahari, Muzaffarpur. 12.
The Mukhiya Gram Panchayat Raj, Abdul Nagar @ Madhipur, VillageHarpur Bakhari, P.O. Mirzapur, P.S. Ahiyapur, District- Muzaffarpur. 13.
The Executive Engineer, Rural Work Department, Works Division, Muzaffarpur East- 1, Muzaffarpur.
14.
Praveen Shankar, Son of Late Hardeo Prasad Yadav, Lower Divisional Clerk, Rural Work Department, Works Division, Muzaffarpur East- 1, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Jha, Adv.
For the Respondent/s :
Mr. Standing Counsel-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.
2. This writ application relates to construction of Panchayat Sarkar Bhawan and its situs.
Patna High Court CWJC No.12531 of 2025(2) dt.04-08-2025 2/3
3. The issue relating to construction of Panchayat Sarkar Bhawan and its citus is no longer, res integra. Vide judgment dated 23.02.2024 passed in C.W.J.C. No. 3280 of 2024, in the case of Krishna Deo Kumar v The State of Bihar & Ors., the learned 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 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 above judgment, it is clear that the construction of Panchayat Sarkar Bhawan 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.
5. In such view of the matter, the present writ application is not maintainable. However, the petitioner
Patna High Court CWJC No.12531 of 2025(2) dt.04-08-2025 3/3 may ventilate his grievance by filing an appropriate representation within 15 days from the date of disposal of this writ application before the District Magistrate, Muzaffarpur and if such a representation is filed, the District Magistrate, Muzaffarpur, will consider the same and dispose it of on merit after hearing the petitioners.
6. Under the aforesaid circumstances, the present writ application is disposed of as not maintainable with the aforesaid liberty granted.
7. It is expected that the District Magistrate, Muzaffarpur will decide the entire matter within a period of three months from the date, the representation is filed by the petitioner.
(Alok Kumar Sinha, J.) Jyoti Kumari/- U