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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9996 of 2025 ====================================================== Shiv Ji Sah ... ... Petitioner/s Versus The State of Bihar & Ors. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kishore Kunal For the Respondent/s : Mr.Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 3 28-07-2025 Heard learned counsel for th epetitioner and leanred counsel appearing for respondent-State.
2. With the consent of the parties, this writ application is being disposed of at the present stage itself.
3. This matter relates to construction of Panchyat Sarkar Bhawan in village Khapur, Dinara, Rohtas, Sasaram.
3. Issue relating as to where the Panchayat Sarkar Bhawan should be constructed is no longer res integra. In the case of Krishna Deo Kumar Vs. The State of Bihar the Division Bench by judgment dated 23.02.2024 in C.W.J.C. No. 3280 of 2024 has held and observed as follows :-
“5. It is worth noting that so far the construction of Panchayat Sarkar Bhawan is concerned, the same is within the exclusive jurisdiction of the Gram Panchayat and a decision as to its situs lies entirely within the domain of Panchayat concerned and the State Government has exclusive jurisdiction to
Patna High Court CWJC No.9996 of 2025(3) dt.28-07-2025 2/2 take a decision in this regard. So far the grieance of the petitioner is concerned, he has already represented before the concerned authorities, including the District Magistrate, Arwal and any direction of this Court would be uncalled for, in the matter.”
4. In the light of the above observation of the Division Bench of this Court, this Court is constrained to dispose of the present writ application as not maintainable on account of the fact that where the Panchayat Sarkar Bhawan should be located and the matter relating to construction has been held within the exclusive jurisdiction of the Gram Panchayat and it lies entirely in the domain of Panchayat concerned and the State Government.
5. In this view of the matter, the present writ application is not maintainable and hence it is dismissed.
6. Learned counsel for the petitioner submits that he has filed a representation dated 24.03.2025 before the Panchayat Raj Officer, Dinara, Rohtas, respondent No.5, which is pending before him. The petitioner is directed to pursue this representation before respondent No.5 in accordance with law.
sanjeev/- (Alok Kumar Sinha, J) U