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Patna High CourtCWJC/23942/2019disposed

Krishna Devi v. The State Of Bihar

2019-12-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23942 of 2019 ====================================================== 1.

Krishna Devi, W/o Late Ram Narayan Singh, R/o Vill.- Jaitpur, P.S.- Chandi, Circle Tharthari, Dist.- Nalanda (Bihar) 2.

Radhe Sharma, S/o Late Baldev Singh, R/o Vill.- Jaitpur, P.S.- Chandi, Circle Tharthari, Dist.- Nalanda (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.

The Principal Secretary of the Chief Minister, Govt. of Bihar, Patna 4.

The Commissioner, Patna Division, Patna 5.

The District Magistrate, Nalanda District, Biharsharif 6.

The S.D.O. Hilsa, Nalanda 7.

The District Panchayat Raj Officer Nalanda, Biharsharif 8.

The Circle Officer Tharthari Circle, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar Prabhakar, Advocate Mr. Uma Shankar Sharma, Advocate For the State :

Ms. Archana Meenakshee, G.P.-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 03-12-2019 Heard learned counsel for the parties.

2. The petitioners are residents of village Jaitpur, in the District of Nalanda. It is their case that they are ready to donate the adequate land (50-56 decimal) in the name of Governor of Bihar, for construction of Panchayat Sarkar Bhawan, at Jaitpur, of Jaitpur Gram Panchayat.

3. Learned counsel appearing on behalf of the petitioners has relied on guidelines issued by the Panchayti Raj

Patna High Court CWJC No.23942 of 2019 dt.03-12-2019 2/2 Department, Government of Bihar, dealing with construction of Panchayat Sarkar Bhawan and has submitted that the Respondents State of Bihar, are not giving due regard to the said guidelines, and they intend to get Panchayat Sarkar Bhawan constructed in a village, other than Jaitpur village, contrary to the stipulations in the said guidelines.

4. The decision as to where a Gram Panchayat Sarkar Bhawan is to be located, is purely executable in nature and the administrative authorities and local bodies are the best persons to decide the suitability location of Panchayat Sarkar Bhawan, in the interest of the public.

5. However, since the petitioners are ready to donate adequate land as has been stated in the writ application, this application is disposed of with a direction to District Panchayti Raj Officer, Nalanda, to consider the offer which is being made on behalf of the petitioners and take a decision within one month from the date of receipt/production of a copy of this order. (Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05/12/2019 Transmission Date N.A.