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MOHIT KUMAR SHAH
Brij Nandan @ Siya Ram Yadav – Appellant
Versus
State of Bihar – Respondent
CAV JUDGMENT
Date: 07-04-2025
– The present writ petition has been filed for setting aside the decision of Aam Sabha dated 02.08.2016, issued under the signature of the Mukhiya of Gram Panchayat Raj Pakahi- Jhajhara, whereby and whereunder the land selected earlier for construction of Panchayat Sarkar Bhawan has been cancelled and a decision has been taken unanimously to construct Panchyat Sarkar Bhawan at land situated at Mauza-Jhajhara, P.S. No. 261, appertaining to Khata No. 2 (old), Khesra No. 885 (old), corresponding to Khata No. 346 (new), Khesra No. 1019 (new) [hereinafter referred to as “Mauza-Jhajhara, Plot No. 1019”], ad-measuring 1 acre. The petitioners have further prayed for setting aside the order dated 06.12.2016, issued by the District Magistrate, Darbhanga, whereby and whereunder he has given approval for construction of Panchayat Sarkar Bhawan at land situated at Mauza-Jhajhara, Plot No. 1019, admeasuring 1 acre, instead of the previous selected land situated at Mauza-Pakahi, appertaining to Khata No. 718, Khesra No. 1204 [hereinafter referred to as “Mauza- Pakahi, Plot No. 1204”]. Lastly, the petitioners have prayed for directing the Respondents to construct Panc
The State Government has exclusive jurisdiction over the site selection for Panchayat Sarkar Bhawan, and judicial interference is unwarranted.
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 matters regarding the construction of government buildings are policy decisions and not suitable for public interest litigation.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
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