Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13375 of 2024 ====================================================== Rahul Kumar S/o Ranjit Paswan Resident of Village- Barsa, P.S.- Ariyari, Dist- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Chief Secretary, Bihar, Patna.

3.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar Patna. 4.

The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

5.

The Secretary General, Administration, Govt. of Bihar, Patna. 6.

The Additional Chief Secretary, Local Area Engineering Organization, Department of Planning and Development, Govt. of Bihar, Patna. 7.

The Chief Engineer, Local Area Engineering Organization, Department of Planning and Development, Govt. of Bihar, Patna. 8.

The Collector-cum-District Magistrate, Sheikhpura. 9.

The District Panchayati Raj Officer, Sheikhpura. 10.

The Circle Officer, Ariyari Block, Ariyari, District- Sheikhpura. 11.

The Block Panchayati Raj Officer-Cum-Executive Officer, Ariyari Block, Ariyari, District- Sheikhpura.

12.

The Executive Engineer, Local Area Engineering Organization, Works Division, Sheikhpura.

13.

The Assistant Engineer, Local Area Engineering Organization, Works Division, Sheikhpura.

14.

The Junior Engineer, Local Area Engineering Organization, Works Division, Sheikhpura.

15.

The Additional Collector, Sheikhpura.

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Addl. Advocate General (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2024 Heard the parties.

2/4

2. The present writ petitioner has been preferred for grant of the following relief/s:- "(A). For issuance of a writ in the nature of certiorari or any other appropriate writ, order/s, quashing the order dated 13.07.2024 passed by the respondent no.8 in case no. 124/2024 whereby and where under a place appertaining to Khata no. 212, Plot no.

2121 measuring 53.5 dismill (120 x 150 = 18,000 square feet) at Chorwar village under Gram Panchayat Raj Chorwar falling under Ariyari Block of Sheikhpura District has been selected for construction of Panchayat Sarkar Bhawan as the order has been passed in complete disregard of the guidelines of the government in this regard. (Annexure-P/9);

(B). For issuance of a writ in the nature of mandamus or any other appropriate writ, order/s, commanding respondents for the followings :- I. to treat the Annexure-P/9 to this application to be nullity and non-est in the eye of law.

II. to hold that the impugned order has been passed in complete violation of the guideline / norms prescribed by the government in the matter of selection of place for construction of Panchayat Sarkar Bhawan.

III. to construct the Panchayat Sarkar Bhawan of the Panchayat in question over a piece of land appertaining to Khata no. 165

3/4 Plot no. 1086 measuring 1.77 acre falling within Barsa village of the said Panchayat as this is the most appropriate place for construction of Panchayat Sarkar Bhawan as per the guideline prescribed by the government;

C. For any other relief/s to which the petitioner is found entitled to."

3. Pursuant to the order passed by a Co-ordinate Bench of this Court in CWJC No. 11841 of 2023 (disposed of on 23.01.2024) (Annexure P/6 of the petition) the District Magistrate, after hearing the concerned parties including the petitioner in case no. 124 of 2024 has passed a reasoned order on 13.07.2024 and the prayer of the petitioner to construct the Panchayat Bhawan at Barsa village instead of Chorwar Village has been declined (Annexure P/9 to the petition).

4. The petitioner has been heard, the District Magistrate, Sheikhpura has applied his mind and has found the place chosen by the District administration to be the best suited one.

5. In that background, learned counsel for the petitioner submits that he may be granted liberty to approach the appropriate authority for the redressal of his grievance.

6. Without commenting anything further on the merit

4/4 of the case and granting liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Ankit Kumar/- U