Raman Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17077 of 2025 ====================================================== Raman Kumar Mishra Son of Yogendra Narayan Mishra, Resident of VillageRudrapur, Police Station- Rudrapur in the district of Madhubani. ... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Madhubani, Bihar.

4.

The District Panchayati Raj Officer, Madhubani, Bihar. 5.

The Block Development Officer, Andhratharhi, Madhubani, Bihar. 6.

The Circle Officer, Andhratharhi, Madhubani, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Anand, Advocate Mrs. Madhuri Kumari, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 11-11-2025 Following are the reliefs sought for in the present writ application:- a) A Writ in the nature of mandamus directing the Respondents to change the proposed construction of Panchayat bhawan near Gour Andhra panchayat to a place proposed by petitioner as mentioned in (Annexure-P1) or any place on mainroad in Dumra panchayat in the district of Madhubani.

Patna High Court CWJC No.17077 of 2025(2) dt.11-11-2025 2/3 b) Any other Relief/Reliefs your lordship think fit in the facts and circumstances of the case.

2. Considering the reliefs sought for, it is advisable that the concerned local authority/competent 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 concerned local authorities/competent 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."

5. The writ application is, accordingly, dismissed.

Patna High Court CWJC No.17077 of 2025(2) dt.11-11-2025 3/3

6. Pending application(s), if any, shall stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Anushka/- U