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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. Bajanthri, CJ, ALOK KUMAR SINHA
Ramashish Rawat, Son of Shiv Nandan Ravat – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner requests directives for panchayat sarkar bhawan. (Para 2) |
| 2. court should not interfere in executive policy matters. (Para 3 , 4 , 5) |
| 3. writ petition dismissed with liberty for representation. (Para 6 , 7) |
JUDGMENT :
P.B. Bajanthri, CJ.
1. None appears for the petitioner.
2. In the instant petition, petitioner has prayed for the following relief(s):-
"(i) For issuance of appropriate writ(s), order(s), direction(s) to the respondent authorities to followed the mandate of directives issued by the respondent no. 2 i.e. The Principal Secretary, Department of Panchayati Raj, captioned in Memo No. 8354 dated 30.08.2024 relates to construction of Panchayat Sarkar Bhawan, whereby directed to all District Magistrates like Respondent No. 4, concern to approve build/construct the said Bhawan in most populated village of the Panchayat whereupon the name of the concern Panchayat is notified by the State Government.
(ii) And for further directing the respondent authorities to approved/ construct the Panchayat Sarkar Bhawan, Lakhankiyari in Revenue Village-Lakhankiyari under Khata No. 96, Khesra No. 1248 admeasuring in area of above than 2 Acres by nature of Gairmazarua ins
Courts cannot interfere in executive policy matters unless shown to be arbitrary, discriminatory, or unconstitutional.
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.
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 State Government has exclusive jurisdiction over the site selection for Panchayat Sarkar Bhawan, and judicial interference is unwarranted.
The selection of the site for the construction of a Panchayat Sarkar Bhavan is under the exclusive jurisdiction of the Gram Panchayat and the State Government, and the court will not intervene in suc....
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