Patna High Court
Shiv Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that there is no statutory requirement for Gram Sabha approval for the location of the Panchayat building, and the Mukhiya’s decision is lawful.
Summary
The petitioners, residents of Ajrakwe Mahindwar Gram Panchayat, challenged the decision of the incumbent Mukhiya to construct the Panchayat Sarkar Bhawan in the village of Baika instead of Ajrakwe Mahindwar, where a previous Gram Sabha resolution had favored the latter location. They alleged that the Mukhiya’s action was illegal because it was taken without a Gram Sabha meeting and contrary to the earlier resolution. The court examined the materials and found that the petitioners had not produced any statutory provision requiring Gram Sabha approval for the site selection of a Panchayat building. Consequently, the court held that the Mukhiya’s decision was within his administrative discretion and not illegal. The writ petition was therefore dismissed.
Issues considered
- Whether the approval of the Gram Sabha is a statutory requirement for the location of a Panchayat Sarkar Bhawan under the Panchayati Raj law.
Subjects
- Gram Panchayat
- Panchayat Sarkar Bhawan
- Gram Sabha
- Writ petition
- Administrative discretion
- Panchayati Raj
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.394 of 2026
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1. Shiv Kumar Das Son of Rodi Das, resident of Village- Baika Bachauni, Tola
Koriya Patti, Mahindwar, Dharamdiha, P.S.- Phulparas, District-Madhubani.
2. Nathuni Saday, So of Late Shivu Saday, resident of Village- Ajarakabe
Mahindwar, P.O.- Navtoli Mahindwar, Ward No.9, P.S.- Phulparas, District-
Madhubani.
3. Radheshyam Yadav, Son of Madhu Prasad Yadav, resident of Village-
Ajarakabe Mahindwar, P.S.- Phulparas, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, the Bihar Panchayat Raj Department, Government
of Bihar, Patna.
3. The Commissioner, Darbhanga Division, Darbhanga.
4. The District Magistrate, Madhubani.
5. The District Panchayat Raj Officer, Madhubani.
6. The Deputy Development Commissioner, District Rural Development
Department, Madhubani.
7. The Sub-Divisional Officer, Phulparas, Madhubani.
8. The Block Development Officer, Phulparas, Madhubani.
9. The Block Panchayat Raj Officer, Phulparas, District-Madhubani.
10. Pinki Sen, Wife of Chandan Sen, resident of Village-Baika, P.S.- Phulparas,
District- Madhubani, presently-Mukhiya of Gram Panchayat Raj-
Mahindwar, P.S. and Sub-Division and Block and Anchal- Phulparas,
District-Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the Respondent/s : Mr. Government Pleader (27)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the parties concerned.
2. The petitioners are the permanent residents of
Ajrakwe Mahindwar under Gram Panchayat Raj, District
Madhubani. They have filed the writ application with a
Patna High Court CWJC No.394 of 2026(2) dt.13-01-2026
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grievance that the earlier Mukhiya, Veena Devi, held a
Gram Sabha meeting on 26.01.2020 and passed a resolution
that the Panchayat Sarkar Bhawan shall be constructed at
Ajrakwe Mahindwar. However, the present Mukhiya,
without holding any meeting of the Gram Sabha, has
decided to construct the Panchayat Sarkar Bhawan at
village Baika, which is not convenient to the general public
of the Gram Panchayat. He further submits that Panchayat
Sarkar Bhawan constructed at Ajrakwe Mahindwar shall be
the most appropriate place for the resident of the concerned
Gram Panchayat. Even private persons are ready to donate
their land in Ajrakwe Mahindwar.
3. I have heard learned counsel for the parties and
have perused the materials on record.
4. The petitioners have failed to produce any
material to show that before taking a decision to construct
the Gram Panchayat at particular place, the approval of the
Gram Sabha is necessary. The present Mukhiya has decided
to construct the Panchayat Sarkar Bhawan in village Baika,
falling under the same Gram Panchayat; as such, this court
does not find any illegality in the decision, particularly in
Patna High Court CWJC No.394 of 2026(2) dt.13-01-2026
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the absence of any statutory provision shown by the
petitioner in this regard.
5. Accordingly, I do not find any merit in the
present application; the same is dismissed.
(Anil Kumar Sinha, J)
Siwani/-
U
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