ORDER

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for the following reliefs:—

(i) For issuance of a writ in the nature of certiorari, quashing the order passed by Executive Engineer Bhawan Divison, Arwal dated 7.10.2024 whereby and where under, a direction was issued to MAA Kamkhaya Construction & Company, Kamta, Police Station, Arwal to made agreement for construction of Panchayat Sarkar Bhawan and submit performance security amount of Rs. 15,59,172/-, Income Tax Certificate, Labour Licence and other documents.

(ii) For issuance of a writ in nature of Mandamus commanding the respondents to construct the Panchayat Raj Bhawan, in the Khata No. 673, Kheshra No. 4644, Khatiyani Area 01 Acre 10 decimal in place of Khata No. 775, Kheshra No. 4359, which was situated outer side of the Gram Panchayat Karpi, Head Quarter and near to Sherpur Panchayt.

(iii) For issuance of writ in nature of Mandamus commanding the respondents to stop the construction of Panchayat Sarkar Bhawan, which has been constructing in the Outer Area of Village- Karpi, about 6 KM far from the Head Quarter and more than 9 KM from the other locality of the population without following the guideline for construction of Panchayat Sarkar Bhawan.

3. Learned counsel for the petitioner submits that as per decision and letter no. 10956 dated 12.10.2023, a direction has been issued to all District Officers of State of Bihar, about the construction of Panchayat Sarkar Bhawan in every Panchayat for the purpose of easy settlement of problem of people of Panchayat and in view of the aforesaid decision of the State Government, the Circle Officer, Karpi directed to team of Amin to physical enquiry of the land situated in Mauza- Karpi, Thana No. 201, Khata No. 673, Khesra No. 4644 area of land 01 acre 10 decimal and inspite the above selection of the site for the construction of the Panchayat Sarkar Bhawan, the authority has changed the site for construction of Panchayat Sarkar Bhawan and it also appears from the pleadings of the writ petition that the construction work of the Panchayat Sarkar Bhawan is going on.

4. A Division Bench of this Hon’ble Court has dismissed the writ petition of the petitioners namely, Naveen Kumar Ram & Others, vide order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023, which is quoted hereinbelow:—

“ 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 onvarious factors/parameters. Such a decision isessentially a matter of policy.

This Court is, therefore, not inclined to exercise its discretionary jurisdiction in respect of such policy matters.”

5. In view of the aforesaid, the construction of the Panchayat Sarkar Bhawan as per the guidelines of the State Government is under the domain of the local self government institutions as well as the local authorities to decide, based on various factors/parameters. No case is made out for interference in the matter.

6. In view of the order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023, the writ petition is, accordingly, dismissed.