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2026 Supreme(Online)(Pat) 1510

IN THE HIGH COURT OF JUDICATURE AT PATNA
Anil Kumar Sinha, J
Jaylash Devi
Civil Writ Jurisdiction Case No.1705 of 2026



Advocates:
For the Appellants/Petitioners: Prince Kumar Mishra
For the Respondents: Kumar Manish, Prashant Kumar

The court granted an interim stay on the construction of a public building when it was alleged to be in violation of a specific administrative order by the District Magistrate and government guidelines regarding the site of construction.

Headnote:The petitioner challenged the construction of a Panchayat Sarkar Bhawan on land other than that specifically designated by the District Magistrate via an order dated 18.08.2025. It was alleged that the construction was being carried out outside the Panchayat Headquarters in violation of government guidelines dated 30.08.2022 issued by the Panchayati Raj Department. The primary issue is whether the construction of the public building in contravention of the District Magistrate's order and established government guidelines is permissible. The court noted the necessity of impleading the Mukhia and Panchayat Secretary to the proceedings to ensure a comprehensive adjudication. Till further orders, the construction of the Panchayat Sarkar Bhawan on any land other than the land decided by the District Magistrate shall remain stayed.

Table of Content
1. procedural requirements for impleadment of necessary parties and filing of counter affidavits in writ proceedings. (Para 1 , 2 , 5 , 6 , 7)
2. requirement for public construction to adhere to specific administrative orders and government guidelines regarding land use. (Para 3 , 4)
3. granting of interim stay to prevent the creation of a fait accompli in violation of administrative directives. (Para 8)

ORAL ORDER

2 03-02-2026 Heard learned counsel for the parties concerned.

2. Learned counsel for the petitioner is directed to implead the concerned Mukhia and the Panchayat Secretary as Respondent Nos. 11 and 12 respectively during course of the day.

3. The grievance of the petitioner is that the District Magistrate has passed an order dated 18.08.2025 whereby it has been decided that the Panchayat Sarkar Bhawan shall be constructed on the land donated by the petitioner, situated in Khata Nos. 13, 89 having Khesra Nos. 711, 712, 713 with an area of 14 decimals, 7.12 decimals, and 7.13 decimals respectively, and also on land situated in Khata Nos. 63, 29, 89 having Khesra Nos. 702, 714, 715 with an area of 3.37 decimals, 1.21 decimals, and 0.69 decimals respectively.

4. Despite the specific order of the District Magistrate, the engineer in connivance with the contractor, has started construction of the Panchayat Sarkar Bhawan on a different land situated outside the Panchayat Headquarters. It has further been submitted that construction of the Panchayat Sarkar Bhawan outside the Panchayat Headquarters and in contravention of the order of the District Magistrate is in violation of the guidelines framed by the Government in this regard, dated 30.08.2022, issued by the Panchayati Raj Department, which has been annexed as Annexure-P/1.

5. Mr. Kumar Manish, learned counsel appearing for the State, prays for and is granted four weeks’ time to file counter affidavit.

6. Issue notice to newly added Res. Nos. 11 and 12 through both modes i.e. under registered cover with A/D as well as the ordinary process for which requisites etc. must be filed within one week, failing which this application shall stand rejected without further reference to the Bench.

7. List this case, under appropriate heading, on 25th March, 2026.

8. Till further orders, the construction of the Panchayat Sarkar Bhawan on any land other than the land decided by the District Magistrate shall remain stayed.

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