IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11245 of 2025 ====================================================== Mohammad Shakeel Ahmad Ansari Son of Md. Nayeem Uddin, Resident of Village- Laruara, P.S.- Sunghaul, District- Begusarai. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Biahr, Patna. 2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 3. The Director, Panchayati Raj Department, Bihar, Patna. 4. The District Magistrate, Begusarai. 5. The Deputy Development Commissioner, Begusarai. 6. The District Panchayati Raj Officer, Begusarai. 7. The Sub Divisional Officer, Begusarai. 8. The Circle Officer, Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Hussamuddin Azad, Advocate For the Respondent/s : Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 19-09-2025 In the instant petition, petitioner has prayed for the follow- ing relief(s):- "(i) For restraining and commanding the respondents to stop the construction work of Panchayat Sarkar Bhawan, which has been started in Laruara village bearing Police Station No.- 359, Tauzi No.- 4324, Khata No.- 92, Khesra No.- 590 area 9 Kattha 7 Dhur, under the Gram Panchayat of Laruara, Block Begusarai, District Begusaral, which is being constructed contrary to the govern- Patna High Court CWJC No.11245 of 2025 dt.19-09-2025 2/5 ment guidelines in connivance with the Mukhiya, Gram Panchayat Laruara, and The Circle Officer, Begusarai. The said piece of land is being used by all the villagers as a drainage for more than hundred years and almost all the waste water of the entire vil- lage accumulates in that drainage, apart from that outflow of the waste water of the village Mosque and Madarsa also falls in that drainage and there is no other options for the disposal of such a large quantity of waste water. If the construction work of the said Panchayat Sarkar Bhawan is not stopped then it would be the devastating for the villagers as all the waste water will enter into the house, streets and public places throughout and across the village. The said accumulation of stagnant and contaminated water will create breeding of mosquitoes and generate infectious disease like Malaria, Cholera, Dengue and other diseases. More- over, in rainy season the situation will be- come out of control worsen and intolerable. Interestingly, a piece of land available bear- ing khata no. 186, khesra no. 488, khata no. 265, khesra no.- 489, khata no. 265, khesra no.- 490 area about 14 Kattha 11 Dhur land situated at the same Gram panchayat Laru- ara, an additional portion of which land the present Kisan Bhawan is functioning, which would be a suitable option to construct the said Panchayat Sarkar Bhawan as well as it is fulfilling all the criteria as laid down under the guidelines issued by the government of Bihar but due to malafide intention and to harass the villagers the said Panchayat Sarkar Bhawan is being constructed.Which in not at all feasible for the beneficiaries of Patna High Court CWJC No.11245 of 2025 dt.19-09-2025 3/5 public and as a whole for the people of the Laruara Panchayat. (ii) For any other relief/reliefs to which the petitioner is found legally entitled for the meet of justice." 2. It is well settled that such matters fall within the policy/making domain of the Executive, and unless the policy is shown to be arbitrary, discriminatory or unconstitutional, this Court cannot substitute its wisdom for that of the Government. 3. Hon’ble Supreme Court in its several decisions held that Court should not interfere in policy matters except on certain lim- ited grounds, namely: (a) State of Himachal Pradesh and Others vs. Himachal Pradesh Nizi Vyavsayik Prishikshan Kendra Sangh, reported in (2011) 6 SCC 597 in which it is held that Courts are not intended to and should not sub- stitute their views in the views of the Executive in policy matters; (b) BALCO Employees’ Union (Regd.) vs. Union of India and Others, reported in (2002) 2 SCC 333 in which it is held that un- less a policy decision is arbitrary, mala fide or Patna High Court CWJC No.11245 of 2025 dt.19-09-2025 4/5 contrary to statutory provisions, Courts cannot interfere; (c) Narmada Bachao Andolan vs. Union of India and Others, reported in (2000) 10 SCC 664 in which it is held that Courts should not examine the wisdom or correctness of policy choices. 4. 4. The aforementioned principles are evident that the deci- sion whether or not to establish a Panchayat Bhawan in a particular Panchayat is a matter of Governmental policy based on various socio-economic factors. The Court cannot issue a mandamus com- pelling the State to deviate from its policy framework. 5. In the light of aforementioned discussions, writ petition is dismissed, with liberty to the petitioner to make a detailed repre- sentation to the competent authority, who will consider the same in accordance with law and Government policy. 6. Perusal of the representation, the petitioner is seeking Panchayat Bhawan to be constructed in particular plot or area. Cit- izens cannot decide Panchayat Bhawan is required to be con- structed in which place or spot. On the other hand, State Govern- ment has evolved policy for the purpose of construction of Pan- chayat Bhawan. Therefore, the petitioner can seek only for con- Patna High Court CWJC No.11245 of 2025 dt.19-09-2025 5/5 struction of Panchayat Bhawan in the relevant Panchayat. If such application or representation is submitted to the concerned author- ity, the concerned authority is hereby requested to expedite the grievance of the petitioner to be demanded and filed. Vikash/- (P. B. Bajanthri, ACJ) (Alok Kumar Sinha, J) AFR/NAFR CAV DATE N/A Uploading Date Transmission Date N/A