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.

ORAL JUDGMENT

Date : 13-02-2025

Heard Mr. Y.V. Giri, learned senior counsel appearing for the petitioner and learned learned Government Pleader-12 for the State.

2. The present writ application has been filed for the following reliefs:

I. For issuance of an appropriate Writ (s) order(s)/ direction(s) in the nature of Certiorari to quash and set aside the direction of the District Magistrate, Gaya issued vide letter no.- 1507 dated 21.06.2024 (as contained in Annexure-P13, Pg.98) to take necessary steps for building Panchayat Sarkar Bhawan in the land appertaining to Khata no- 369, Thana no.- 05, Plot no 227 admeasuring 1 acre 56 decimal situated in Tuturkhi.

II. For issuance of an appropriate writ (s/order(s)/direction(s) in the nature of Mandamus directing the respondents not to proceed with the construction work of the Panchayat Sarkar Bhawan on land appertaining to Khata no.- 369, Thana no-05, Post no-227 admeasuring 1 acre 56 decimal situated in Village Tuturkhi.

III. For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus directing the respondents to build Panchayat Sarkar Bhawan on five vacant plots which all are connected to each other falling under Khata no-256 total admeasuring 124 decimal of vacant land recorded as Anabad Bihar Sarkar kind Purani Parti land available in village-Aslempur which is the headquarter of the Gram Panchayat, Aslempur.

IV. For review and recall of the order dated 19.09.2024 passed in CWIC No 13737 of 2024 (as contained in Annexure-P15,Pg.117) by the Hon'ble Justice Rajiv Roy.

V. For any other relief reliefs to which the petitioners are deemed entitled as per the facts and circumstances of the case.

3. Learned senior counsel for the petitioners submits that the petitioners are resident of village-Alsempur, which is the headquarter of village of Gram Panchayat Aslempur and respondent No.3 had issued a letter dated 21.06.2024 by which the District Magistrate has taken a decision for a construction of the building of Panchayat Sarkar Bhawan in the land situated in Tuturkhi which is not the headquarter of the Gram Panchayat Aslempur which is violation of the direction issued by the Panchatyat Raj Department dated 21.08.2015 (Annexure-P1).

4. Learned counsel for the State had taken a preliminary objection with regard to the maintainability of the present writ application and submits that earlier some of the villagers had approached this Hon’ble Court in CWJC No.13737 of 2024 for the same relief. The Hon’ble Court, after hearing all the parties, has been pleased to dismiss the writ application vide order dated 19.09.2024 passed in CWJC No.13737 of 2024. Paragraph-11 of the said order which reads as follows:

“11. In this background when a better option is available with the District administration which in the opinion of the District Magistrate, Gaya is also suitable for security reason and is further centrally located for the people to approach it, in the opinion of the Court no illegality has been committed in taking the fresh decision of the said construction. Where the Panchayat Bhawan is to be constructed, it should be in exclusive domain of the District administration. However, the same must be within the guideline and in case, there is any violation, the Panchayati Raj Department, Bihar, Patna is better placed to look into it and do the needful.”

5. The Division Bench of this Hon’ble Court has passed the order dated 07.04.2023 with respect to construction of Panchayat Sarkar Bhawan passed in CWJC No.3282 of 2023 which is quoted hereinbelow:-

“Whether the Panchayat Sarkar Bhawan is constructed at site A or B is an issue best left to the people’s representatives in the local self government institutions as well as the local auth