Yogendra Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.645 of 2025 ====================================================== Yogendra Prasad Yadav Son of Arjun Prasad Yadav Resident of VillageManiya, P.O.- Merh, P.S.- Katoria, District- Banka. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2.
The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The Secretary, Panchayati Raj Department, Government of Bihar, Patna. 4.
The Deputy Secretary, Panchayati Raj Department, Government of Bihar, Patna.
5.
The District Magistrate, Banka.
6.
The Officer on Special Duty, Department of Panchayati Raj, Government of Bihar, Patna.
7.
The Block Panchayat Raj Officer, Katoria, District- Banka. 8.
The Circle Officer, Katoria, District- Banka. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandad Prasad, Advocate For the State :
Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 20-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for the following reliefs :- "(i) To issue an appropriate writ preferably in the nature of Mandamus commanding upon the respondents authorities to construct Panchayat Sarkar Building in the Head quarter of Gram Panchayat
Patna High Court CWJC No.645 of 2025 dt.20-02-2025 2/3 Mania in Village- Mania instead of Village- Kubribell in accordance with Government decision.
(ii) To hold and declare that construction of Panchayat Sarkar building of Gram Panchayat, Mania in Village Kubribell is in violation of the Government Circulars issued through its Department of Panchayati Raj, Bihar, Patna.
(iii) To grant any other relief for which the petitioner may be found in entitled to in the facts and circumstances of the case."
3. A Division Bench of this Hon'ble Court has dismissed the writ petition of the petitioners namely, Naveen Kumar Ram & Others, vide order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023, which is quoted hereinbelow:- " The averments in the writ petition discloses that all the petitioners were public representatives of the Gram Panchayat in question at the time the earlier site was selected in 2021. They have alleged that the Gram Sabha comprising of present members and Mukhiya have now initiated shifting of the proposed site for construction of the Panchayat Sarkar Bhawan to a place which is not suitable.
Whether the Panchayat Sarkar Bhawan is constructed at site A or B is an issue best left to the people's 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.
Patna High Court CWJC No.645 of 2025 dt.20-02-2025 3/3 This Court is, therefore, not inclined to exercise its discretionary jurisdiction in respect of such policy matters."
4. In view of the aforesaid, the construction of the Panchayat Sarkar Bhawan as per the guidelines of the State Government is under the domain of the local self government institutions as well as the local authorities to decide based on various factors/parameters. No case is made out for interference in the matter.
5. In view of the order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023, the writ petition is, accordingly, dismissed.
(Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 24.02.2025 Transmission Date N.A.