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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, NANI TAGIA
Jivachh Ray, son of Chalitar Ray – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna – Respondent
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 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.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
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