The decision on construction sites by governmental authorities is a policy matter, not open to judicial review unless mala fides are present.

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

7 09-12-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:-

“(i) ……..for issuance of a writ in the nature of certiorari to quash the order containing Memo no. 39 dated 03.09.2024 issued under signature of Joint Secretary, Panchayati Raj Department, Govt. of Bihar, Patna, so far as it relates to the case of the petitioner, addressed to the Accountant General, Bihar, Patna whereby the selected site for construction of Panchayat Sarkar Bhawan has been changed without any inquiry report and for this a request was made to sanction amount for construction of Panchayat Sarkar Bhawan and further the petitioner prays for a direction to construct the Panchayat Sarkar Bhawan in the Headquarters of the Gram Panchayat namely Sahobigha in a land appertaining to Khata No. 149 Plot No. 923 Area 52 Dec. as per the report of District Magistrate as contained in letter No.

1206 dated 18.07.2014.

(ii) For issuance of appropriate writ/writs, order/orders, direction/directions for quashing the letter contained in Memo No. 2010 dated 11.11.2024 issued under the signature of Respondent No. 7 (The Circle Officer) who has changed the construction site of Panchayat Sarkar Bhawan from village Sahobidgha to village Madhopur on the basis of an objection of a stranger who is neither the resident of village nor have any concern with the selected land appertaining to Khata No. 149, Plot No.

923, Area 51 decimal.

(iii) For issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities to select another suitable piece of land for construction of Panchayat Sarkar Bhawan at village Sahobigha as said village is the headquarter village of Gram Panchayat Sahobigha as the selected site is situated on the one corner of the Gram Panchayat and if Panchayat Sarkar Bhawan will be constructed on the proposed alternative site then it may cause hardship to other part of Gram Panchayat on the other hand Sahobigha is situated at the Centre of Gram Panchayat.”

3. Learned counsel appearing on behalf of the petitioner has submitted that the Panchayat Raj Department, Government of Bihar has issued guidelines regarding construction of Panchayat Sarkar Bhawan in the Headquarter village of the Gram Panchayat. That the petitioner is concerned with the village Sahobigha. That the Circle Officer, Ghoshi after verification of the site has recommended for construction of the Panchayat Sarkar Bhawan in Khata No. 149, Plot No. 923 admeasuring an Area of 51 Decimals in village Sahobigha. Thereafter, the Gram Panchayat has also held a special meeting and passed a resolution recommending the site which has been recommended by the Circle Officer. That a frivolous objection has been filed by one Sufia Neha before the District Magistrate, Jehanabad claiming the land as her own, however, the District Magistrate has made his recommendations to the Additional Chief Secretary. Thereafter, the Joint Secretary, Panchayat Raj Department without any legal basis has issued the impugned letter bearing Memo No. 39 dated 03.09.2024 changing the selected site from the village Sahobigha to Dariyapur Tola Ramganj/Madhopur without any reason overriding the recommendations of the District Magistrate and also the resolution of the Gram Panchayat. Learned counsel has further submited that as per the Government Policy dated 07.07.2015 (Annexure-P/1) and 26.11.2019 (Annexure-P/2), the Panchayat Sarkar Bhawan has to be constructed in the centrally allocated village and the village Sahobigha is a village Headquarters. That the shifting of the site from Sahobigha to village Dariyapur Tola Ramganj/Madhopur which is at a distanc