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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, CJ, MOHIT KUMAR SHAH
Gita Mandal S/o Mahaveer Mandal – Appellant
Versus
State of Bihar – Respondent
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
The court affirmed that matters regarding the construction of government buildings are policy decisions and not suitable for public interest litigation.
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 State Government has exclusive jurisdiction over the site selection for Panchayat Sarkar Bhawan, and judicial interference is unwarranted.
Policy decisions regarding government building construction are not subject to scrutiny under Public Interest Litigation.
The petitioners must demonstrate the violation of land allotment provisions and raise objections in a timely manner to challenge land allotment decisions.
Section 7 of Act, 1993 is only with regard to effective consultation with Gram Panchayat. Meaning thereby that if Gram Panchayat is not agreeable with merger then it is for State Government to decide....
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