IMPORTANT POINT
The State Government has exclusive jurisdiction over the site selection for Panchayat Sarkar Bhawan, and judicial interference is unwarranted.

JUDGMENT :

Sangam Kumar Sahoo, CJ.

This Letters Patent Appeal has been filed by appellant Jivachh Ray challenging the order dated 29.07.2025 passed by the learned Single Judge of this Court in C.W.J.C. No.12078 of 2025 whereby the writ petition has been dismissed.

2. The writ-petition was filed by the appellant to quash the order of the learned District Magistrate, Vaishali (Hajipur) as contained in Memo No.1405 dated 30.05.2025 by which the representation of the appellant dated 26.04.2025 was rejected. It was further prayed in the writ petition for issuing a direction to the respondents to give No Objection for constructing Panchayat Sarkar Bhawan pursuant to the decision of Aam Sabha dated 26.01.2024.

3. It is the case of the appellant that on 31.01.2022, a meeting of Aam Sabha was held wherein the earlier proposed site over Khata No.1404, Plot No.4761 for construction of Panchayat Sarkar Bhawan was cancelled. According to the writ- petitioner, no resolution was ever passed by the then Gram Sabha for construction of Panchayat Sarkar Bhawan over such plot and the Mukhiya in his own interest has given such proposal. It is the further case of the writ-petitioner that on 10.02.2022 again the meeting of Aam Sabha of the Gram Panchayat was held and a decision was taken to construct the Panchayat Sarkar Bhawan over the land of Khata No.1007, Khesra No.2212 which stood recorded in the name of Mahanth Ram Charan Das. The writ-petitioner requested the Circle Officer, Patepur for taking No Objection from the Religious Trust Board for construction of Panchayat Sarkar Bhawan. The Circle Officer, Patepur by his letter dated 06.06.2024, requested the President of the Bihar Religious Trust Board to give No Objection for construction of Panchayat Sarkar Bhawan over the land in question and the writ-petitioner also submitted representation to the District Magistrate, Vaishali on 11.06.2024. It is the further case of the writ-petitioner that the villagers again submitted a representation to the District Magistrate, Vaishali on 28.01.2024 to grant permission for construction of Panchayat Sarkar Bhawan over Plot No.2212 and to cancel the earlier No Objection which was given over Plot No.4761. Since the Respondent Nos.4 and 5 to the writ petition did not give No Objection, the writ-petitioner approached this Court for a direction to the respondents to give No Objection for construction of Panchayat Sarkar Bhawan pursuant to the decision of the Gram Sabha dated 26.01.2024 and to restrain the respondents to construct Panchayat Sarkar Bhawan over Plot No.4761, Khata No.1404. The said writ petition was disposed of vide order dated 22.04.2025 and liberty was granted to the writ- petitioner to file a detailed representation before the District Magistrate who shall decide the same by passing a reasoned and speaking order. The representation was filed by the writ- petitioner before the concerned authority i.e. District Magistrate, Vaishali on 26.04.2025 and the matter was heard on different dates and the report was called for from the Circle Officer and Block Development Officer, Patepur who also submitted the report and ultimately the learned District Magistrate vide order dated 30.05.2025 rejected the representation of the writ- petitioner and came to hold that land appertaining to Plot No.4761, Khata No.1404 is proper for construction of Panchayat Sarkar Bhawan. The case of the writ-petitioner that no reason has been assigned and no finding has been given by the learned District Magistrate to take such a decision, was impugned in the case.

4. The learned Singe Judge considering the ratio laid down by the Division Bench of this Court in the case of Krishna Devo Kumar vs. The State of Bihar & Ors., decided on 23.02.2024 passed in C.W.J.C. No.3280 of 2024, wherein it was held that so far as the construction of Panchayat Sarkar Bhawan is concerned, the same is within the exclusive jurisdiction of the Gram Panchayat and a decision as to its situs lies entirely