Sanjeev Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18286 of 2025 ====================================================== Sanjeev Kumar Patel, S/o Ram Pyare Singh, R/o Village Mokari, PS Bhabua, District- Kaimur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, District Kaimur.

3.

The District Officer, District Bhabhua, at Kaimur. 4.

The Block Development Officer, Bhabua, District Bhabua. 5.

Circle Officer, Bhabua, District Kaimur.

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

For the Petitioner/s :

Mr.Prabhakar Singh, Advocate Mr. Harsh Pratap Yadav, Advocate For the Respondent/s :

Mr. P.K.Shahi, AG ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 27-11-2025 Heard learned counsel for the parties.

2. Following reliefs are prayed for in the present writ application:- "That this application is being filed for issuance of an appropriate writ/writs in the nature of mandamus commanding upon the respondents especially the respondent no. 2 & 3 to take immediate action on the application filed by the petitioner on 10.03.2025 and stop construction of Panchayat Sarkar Bhawan on the land earmarked for water body and Circle Officer Bhabua has earmarked another piece of land for construction of aforesaid Panchayat Sarkar Bhawan, is directed in the following facts and circumstances of the

Patna High Court CWJC No.18286 of 2025(2) dt.27-11-2025 2/3 case."

3. Considering the reliefs sought for, it is noteworthy that the local authority is the competent body to take decision with respect to the site selection and construction of the Panchayat Bhawan.

4. 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 local authorities to decide based on various factors/parameters. Such a decision is essentially a matter of policy.

5. Further, a coordinate bench of this Court in CWJC 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 PIL. 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."

6. Since a representation has already been made before Respondents No. 2 and 3, the Respondent No. 2 is directed to consider the same and pass an appropriate order in accordance with law.

Patna High Court CWJC No.18286 of 2025(2) dt.27-11-2025 3/3

7. The writ application is accordingly disposed of.

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

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