JUDGMENT :

SANGAM KUMAR SAHOO, CJ.

1. The writ petition has been filed in the nature of Public Interest Litigation by the petitioners seeking for the following reliefs:-

“To issue an appropriate writ, order, direction in the nature of certiorari for quashing letter no. 719 dated 02.07.2024 issued by the District Magistrate, Jamui to the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, wherein land at Mauza-Kundri - Sankurha, Harla, Thana no. 244, Khata no. 333, Khesra no. 1173, comprising 50 decimals has been found sufficient for construction of Panchayat Sarkar Bhawan in Gram Panchayat Raj Kundri Sankurha of Block Jamui (Annexure-P/7, Pg.-48).

(ii) To issue an appropriate writ, order, direction in the nature of mandamus for commanding the respondents to construct the Panchayat Sarkar Bhawan on plot no. 2614, Khata No. 334, Mauza Kundri-Sankurha-Harla, Anchal-Jamui, District-Jamui.

(iii) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the SBD Tender no. 33/2024-2025 dated 17.02.2025 to the extent of construction of Panchayat Sarkar Bhawan in Kundri Sankurha Panchayat (Annexure-P/8, Pg.-50).

(iv) To any other relief(s) for which the petitioner appears to be found entitled to by the Hon'ble Court.”

2. The main grounds taken for seeking relief is that the decision dated 02.07.2024 is contrary to the guidelines issued by the State of Bihar as also is contrary to the resolution of the Gram Sabha dated 02.10.2022. Further, ground has been taken that the respondents have assumed uninhibited discretionary powers beyond what has been conferred on them and the decision has been taken without considering the objections raised and the recommendation made and therefore, the action of the respondent authority is arbitrary, illegal and violative of Article 14 of the Constitution of India.

3. The case of the petitioners is that the department of Panchayati Raj, Government of Bihar, Patna issued Letter No.8354 dated 30.08.2022, whereby and whereunder it has been mandated that a minimum of 50 decimal of land is required for making Panchayat Sarkar Bhawan, accordingly a piece of land was selected and recommended, which is 41.323 and the same is a part of 2.61 Acre of land and it is purely a Government land. It is the further case that since the land measuring 2.61 Acres and 50 Decimals is available for consideration and even otherwise the recommended land is sufficient for construction in terms of the Notification No. 281 dated 08.01.2024 issued by the Panchayati Raj Department, the petitioners are entitled to get the relief. It is the further case of the petitioners that at the instance of a former Member of Bihar Legislative Council, the District Magistrate, Jamui recommended another place for construction of Panchayat Sarkar Bhawan to the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar and it was jointly signed by District Panchayati Raj Officer, Jamui, the Deputy Development Commissioner, Jamui and District Magistrate Jamui. The case of the petitioners further is that a tender dated 17.02.2025 was floated for construction of Panchayat Sarkar Bhawan in Kundri Sankurha Panchayat and the new location of the Panchayat Sarkar Bhawan construction work was not mentioned anywhere in the notification. Several, representations were filed by the petitioners and other villagers, however, the authority did not pay any heed to the same.

It is the further case of the petitioners that under extraneous condition a unilateral decision has been taken to construct the Panchayat Sarkar Bhawan at new site despite the fact that only 5 decimals of land is available at the new site and the said land is not at the village headquarter. The authorities are bent upon to proceed with the construction work. It is the further case of the petitioners that Panchayat Sarkar Bhawan is the nucleus of the working of the Panchayti Raj System and constructing the same at the headquarter and the ce