Shiv Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.394 of 2026 ====================================================== 1.

Shiv Kumar Das Son of Rodi Das, resident of Village- Baika Bachauni, Tola Koriya Patti, Mahindwar, Dharamdiha, P.S.- Phulparas, District-Madhubani. 2.

Nathuni Saday, So of Late Shivu Saday, resident of Village- Ajarakabe Mahindwar, P.O.- Navtoli Mahindwar, Ward No.9, P.S.- Phulparas, DistrictMadhubani. 3.

Radheshyam Yadav, Son of Madhu Prasad Yadav, resident of VillageAjarakabe Mahindwar, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, the Bihar Panchayat Raj Department, Government of Bihar, Patna.

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate, Madhubani.

5.

The District Panchayat Raj Officer, Madhubani. 6.

The Deputy Development Commissioner, District Rural Development Department, Madhubani.

7.

The Sub-Divisional Officer, Phulparas, Madhubani. 8.

The Block Development Officer, Phulparas, Madhubani. 9.

The Block Panchayat Raj Officer, Phulparas, District-Madhubani. 10.

Pinki Sen, Wife of Chandan Sen, resident of Village-Baika, P.S.- Phulparas, District- Madhubani, presently-Mukhiya of Gram Panchayat RajMahindwar, P.S. and Sub-Division and Block and Anchal- Phulparas, District-Madhubani.

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the Respondent/s :

Mr. Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-01-2026 Heard learned counsel for the parties concerned.

2. The petitioners are the permanent residents of Ajrakwe Mahindwar under Gram Panchayat Raj, District Madhubani. They have filed the writ application with a

Patna High Court CWJC No.394 of 2026(2) dt.13-01-2026 2/3 grievance that the earlier Mukhiya, Veena Devi, held a Gram Sabha meeting on 26.01.2020 and passed a resolution that the Panchayat Sarkar Bhawan shall be constructed at Ajrakwe Mahindwar. However, the present Mukhiya, without holding any meeting of the Gram Sabha, has decided to construct the Panchayat Sarkar Bhawan at village Baika, which is not convenient to the general public of the Gram Panchayat. He further submits that Panchayat Sarkar Bhawan constructed at Ajrakwe Mahindwar shall be the most appropriate place for the resident of the concerned Gram Panchayat. Even private persons are ready to donate their land in Ajrakwe Mahindwar.

3. I have heard learned counsel for the parties and have perused the materials on record.

4. The petitioners have failed to produce any material to show that before taking a decision to construct the Gram Panchayat at particular place, the approval of the Gram Sabha is necessary. The present Mukhiya has decided to construct the Panchayat Sarkar Bhawan in village Baika, falling under the same Gram Panchayat; as such, this court does not find any illegality in the decision, particularly in

Patna High Court CWJC No.394 of 2026(2) dt.13-01-2026 3/3 the absence of any statutory provision shown by the petitioner in this regard.

5. Accordingly, I do not find any merit in the present application; the same is dismissed.

(Anil Kumar Sinha, J) Siwani/- U