Ashesar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12123 of 2025 ====================================================== Ashesar Sahani Son of Late. Baburam Sahani, Resident of Noneya Ward No05, NoniyaNawka Tola, Police Station - Paharpur, District- East Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3.

The District Magistrate, East Champaran.

4.

District Panchayat Raj Officer, East Champaran. 5.

Sub-divisional Officer, Areraj, East Champaran. 6.

Circle Officer, Paharpur, East Champaran.

7.

Block Development Officer, Paharpur, East Champaran. 8.

Block Panchayati Raj Officer, Paharpur, East Champaran. 9.

Mukhiya, Gram Panchayat NorthNonea, Police station Paharpur, DistrictEast Champaran. 10.

Panchayat Secretary, Gram Panchayat NorthNonea, Police station - Paharpur, District- East Champaran.

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

For the Petitioner/s :

Mr.Abhijeet Abhigyan For the Respondent/s :

Mr.Government Pleader ( 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned counsel appearing for respondent-State.

2. With the consent of the parties, this writ application is being disposed of at the present stage itself.

3. This matter relates to construction of Panchyat Sarkar Bhawan in Gram Panchayat North Noneya at Mauza-Noneya, Khata No.613, Khesra No.5495, Thana No.1, under Block Paharpur, P.S. -Paharpur, Distt. East Champaran.

4. Issue relating as to where the Panchayat Sarkar Bhawan should be constructed is no longer res integra. In the case

Patna High Court CWJC No.12123 of 2025(2) dt.28-07-2025 2/2 of Krishna Deo Kumar Vs. The State of Bihar the Division Bench by judgment dated 23.02.2024 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 grieance 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."

5. In the light of the above observation of the Division Bench of this Court, this Court is constrained to dispose of the present writ application as not maintainable on account of the fact that where the Panchayat Sarkar Bhawan should be located and the matter relating to construction has been held within the exclusive jurisdiction of the Gram Panchayat and it lies entirely in the domain of Panchayat concerned and the State Government.

6. In this view of the matter, the present writ application is not maintainable and hence it is dismissed. (Alok Kumar Sinha, J) sanjeev/- U