Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2678 of 2025 Court No. - 49 HON'BLE J.J. MUNIR, J. This writ petition seeks issue of mandamus to Gram Panchayat, Dhanauri, Block and Tehsil-Swar, District -Rampur not to illegally construct the Panchayat Bhawan on Banjar Gata No. 883k (m)/0.0930 and State Government's Gata no. 883 kha/0.2550 situate in Village Dhanauri, Block and Tehsil-Swar, District -Rampur. The case of the petitioner is that the Panchayat Bhawan would be better constructed at the site of the old Panchayat Bhawan, which is not yet 60 years old, having a lifespan of 40 years. The existing Panchayat Bhawan is 17 years old, and, the building is not dilapidated. But, in connivance with the Engineers, the Panchayat Bhawan has been got declared dilapidated. It is also argued that no resolution of the Gaon Sabha has been passed to construct the Panchayat Bhawan, at the site now chosen by the Pradhan. It appears that the petitioner's wife Smt. Poonam Maurya is an ex-Gram Pradhan and has made a complaint in this regard to the District Magistrate. Upon hearing the learned Counsel for the petitioner and Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel, we are of opinion that the choice of site, where the Panchayat Bhawan is to be constructed, is essentially within the domain of the Pradhan and members of the Panchayat, including the Land Management Committee. The fact, whether the old Panchayat Bhawan is a more suitable site to reconstruct, Versus Counsel for Petitioner(s) : Ajay Kumar Singh Yadav, Divyansh Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C. Rajesh Kumar Maurya .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
is again a decision to be taken by the Pradhan and the Panchayat members. No one can dictate the elected Pradhan and the members of the Panchayat about the place where they should construct the Panchayat Bhawan. It is not the petitioner's case that the Panchayat Bhawan is being constructed over the land that is public utility of a nature, which cannot be put to inconsistent user, like the land of a pond or pasture. It is, after all, banjar.
There is absolutely no right inhering in any member of the public, which the petitioner seeks to espouse and on the foot of which a mandamus can be issued to the Pradhan or any other officer of the State to restrain the construction of Panchayat Bhawan in plot nos. 883k (m)/0.0930 and 883 kha/0.2550 situate in Village Dhanauri, Block and Tehsil-Swar, District -Rampur. There is no good ground to issue the writ that the petitioner seeks. This writ petition stands summarily dismissed. September 10, 2025 Deepak WPIL No. 2678 of 2025 2 (J.J. Munir,J.) Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad