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RAJESH KUMAR VERMA
Nitu Kumari – Appellant
Versus
State of Bihar – Respondent
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 decision on construction sites by governmental authorities is a policy matter, not open to judicial review unless mala fides are present.
The court affirmed that decisions regarding the location of public buildings are policy matters for local authorities, and petitioners lacked standing to challenge such decisions.
The court affirmed that matters regarding the construction of government buildings are policy decisions and not suitable for public interest litigation.
Courts cannot interfere in executive policy matters unless shown to be arbitrary, discriminatory, or unconstitutional.
The State Government has exclusive jurisdiction over the site selection for Panchayat Sarkar Bhawan, and judicial interference is unwarranted.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
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