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2025 DAILYLAW 7570 (PAT)

Sunil Kumar Singh v. The State of Bihar

CWJC/7498/2025 · 2026-08-18

A Abhishek Reddy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7498 of 2025 ====================================================== 1. Sunil Kumar Singh Son of Ram Niwas Singh, Resident of Village- Jagdishpur, Post- Konch, P.S.- Konch, District- Gaya. 2. Umesh Kumar, Son of Bholi Yadav, Resident of Village- Chatri Bigha, Post- Tarari, P.S.- Konch, District- Gaya. 3. Vinod Kumar Yadavendu, Son of Ram Niwas Singh, Resident of Village- Jagdishpur, Post- Konch, P.S.- Konch, District- Gaya. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna. 2. The Principal Secretary, Building Construction Department, Government of Bihar, Patna. 3. The District Magistrate, Gaya. 4. The Additional Collector Land Reform, Tikari, Gaya. 5. The Block Development Officer, Konch, Gaya. 6. The Circle Officer, Block- Konch, District- Gaya. 7. The Circle Inspector, Circle Office, Konch, District- Gaya. 8. The Revenue Officer, Circle Office, Konch, District- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Respondent/s : Mr. Subhash Pd. Singh, Government Advocate (3) : Ms. Kiran Kumari, AC to GA3 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 3 18-08-2026 Heard the learned counsel for the parties. The present writ petition has been filed for the following relief(s):- “(i) For issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the respondents to stop the construction of Panchayat Sarkar Bhawan upon the land bearing Thana Mundera, Khata No. 365, Khesra No. 1196 and 1197 Rakwa- 22 Decimal and 28 Decimal Patna High Court CWJC No.7498 of 2025(3) dt.18-08-2026 2/3 respectively which has last west South corner of the Panchayat Headquarter and the purposed land was Thana Mundera, Khata No. 365, Khesra No. 1194 Rakwa-30 Decimal. Which is contrary to law regulating the construction of Panchayat Sarkar Bhawan. (ii) For issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the respondents to construct the Panchayat Sarkar Bhawan upon the land earlier proposed or at the Panchayat Headquarter as per the prevailing rules that the Panchayat Sarkar Bhawan must be constructed at the Panchayat Headquarter as the Government has much more land at the Panchayat Headquarter vide land bearing Khata No. 274, Khesra No 1844, Rakwa 48 Decimal, since the land is the midst of Panchayat so that the government fund may be utilized for the benefit of local in a proper way. (iii) For issuance of an appropriate writ/writs and order/orders in the nature of mandamus for directing and commanding the respondents to construct the Panchayat Sarkar Bhawan upon the land situated an Jagdishpur Village as the local people are ready to donate the land for construction of the Panchayat Sarkar Bhawan as per the prevailing rules that the Panchayat Sarkar Bhawan must be constructed at the Panchayat Headquarter or the nearest available land, since the land situated at Jagdishpur Village is the 500 meter away from the Panchayal Headquarter so that the government fund may be utilized for the benefit of local people in a proper way. (iv) For any other consequential relief/reliefs for which the petitioner is entitle by this Hon'ble Court in the facts and circumstances of the present case.” 3. A Division Bench of this Hon’ble Court in CWJC No. 3282 of 2023 dated 07.04.2023 has held as under; Patna High Court CWJC No.7498 of 2025(3) dt.18-08-2026 3/3 “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.” 4. It is stated by both the counsels that during the pendency of the present writ petition, the panchayat bhawan has already been constructed. 5. Having regard to the above, this Court does not find any merits in the present writ petition and the same is accordingly dismissed. However, without any costs. Ayush/- (A. Abhishek Reddy, J) U