Visheshwar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12373 of 2025 ====================================================== Visheshwar Mandal Son of Late Bhagvat Mandal, Resident of Village- Belha, Bathnaha, Anchal- Ghoghardiha, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The District Magistrate cum Collector, Madhubani. 4.
The Additional District Magistrate, Madhubani. 5.
The District Panchayati Raj Officer, Madhubani. 6.
The Sub Divisional Officer, Phulparas, District- Madhubani. 7.
The Land Reforms Deputy Collector, Phulparas, District- Madhubani. 8.
The Prakhand Panchayati Raj Officer, Prakhand- Ghoghardiha, DistrictMadhubani. 9.
The Block Development Officer, Ghoghardiha, District- Madhubani. 10.
The Circle Officer, Ghoghardiha, District- Madhubani. 11.
The Mukhiya, Gram Panchayat Brahampur South, Prakhand- Ghoghardiha, District- Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rikesh Sinha, Adv.
For the State :
Mr. Hitesh Suman, AC to SC-13 ====================================================== 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.
3. The issue relating to construction of Panchayat Sarkar Bhawan and its situs is no longer, res integra. In the case of Krishna Deo Kumar v The State of Bihar & Ors., learned
Patna High Court CWJC No.12373 of 2025(2) dt.04-08-2025 2/3 Division Bench of this Court vide judgment dated 23.02.2024 passed in C.W.J.C. 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 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."
2. From the aforesaid judgment, it is clear that the matter relating to construction of Panchayat Sarkar Bhawan 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.
5. In this view of the matter, the present writ application is not maintainable. For ventilation of the petitioner's grievance, the petitioner may file an appropriate representation before the District Magistrate, Madhubani.
Patna High Court CWJC No.12373 of 2025(2) dt.04-08-2025 3/3
6. With the aforesaid liberty granted, the present writ application is dismissed as not maintainable. (Alok Kumar Sinha, J.) Jyoti Kumari/- U