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Patna High Court

Ram Briksh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that no statutory rule governs the construction, the matter is based on executive policy, and the petitioner lacks locus standi, so the writ cannot be issued.

Summary

Ram Briksh Prasad filed a writ petition under Article 226 seeking a prohibition against the construction of a Panchayat building at Kordhandhi tola, Kurmawa, alleging the site is water‑logged and not the Gram Panchayat headquarters. He argued that the Department of Panchayati Raj’s policy requires the building to be on non‑wetland, head‑quarter land and that the authorities were ignoring this and the consent of the Mukhiya. The respondents, comprising various state officials, opposed the petition. The Court examined whether any statutory rule governed the location of Panchayat buildings and whether the petitioner had locus standi. Relying on the Supreme Court’s decision in Union of India v. S.L. Abbas, the Court held that the construction is based on an executive policy, not a statutory provision, and therefore is not amenable to judicial review via a writ. Consequently, the Court found the petitioner not an aggrieved party and dismissed the writ application.

Issues considered

  • Whether a writ of prohibition can be issued to restrain the construction of a Panchayat building on a water‑logged site
  • Whether the petitioner has locus standi to challenge the executive policy
  • Whether any statutory rule or regulation governs the location of Panchayat buildings
  • Whether the matter is justiciable under Article 226 of the Constitution

Legislation cited

Subjects

  • Panchayat building
  • writ of prohibition
  • Article 226
  • locus standi
  • executive policy
  • land reform
  • wetland
  • public authority
  • environmental suitability

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.8339 of 2026
                 ======================================================
                 Ram Briksh Prasad Son of Late Jageshwar Prasad Das, Resident of Village-
                 Dirawan, Bodhgaya, Police Station-Cherki, District-Gaya Ji.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Bihar, Patna.
           2.    The Principal Secretary, Department of Panchayati Raj, Government of
                 Bihar, Patna.
           3.    The Divisional Commissioner, Magadh Division, Gaya.
           4.    The District Magistrate cum Collector, Gaya.
           5.    The District Panchayati Raj Officer, Gaya.
           6.    The Sub-Divisional Officer, Sadar, Gaya.
           7.    The Deputy Collector, Land Reform, Sadar, Gaya.
           8.    The Block Panchayati Raj Officer, Bodhgaya, District-Gaya.
           9.    The Block Development Officer, Bodhgaya, District-Gaya.
           10. The Building Division, Gaya.
           11. The Circle Officer, Bodhgaya, District-Gaya.
           12. Manoj Kumar Mehta Expramukh, Son of Late Kapildeo Mahto, Resident of
               village-Kurmawa, Police Station-Cherki, District-Gaya.
           13. Arun Kumar Deputy Mukhiya Kurmawa Panchayat, Block- Bodhgaya,
               District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ujjawal Kumar Singh
                 For the Respondent/s   :      Mr.Standing Counsel (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                       ORAL ORDER

2   25-06-2026                   Heard learned counsel for the petitioner and

                   learned counsel appearing for the respondent-State.

                               2. In the present writ application, the petitioner

                   has prayed for grant of following reliefs;

                                “(i) To issue an appropriate order/orders
Patna High Court CWJC No.8339 of 2026(2) dt.25-06-2026
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                        direction/directions including a writ preferably
                        in the nature of prohibition restraining the
                        respondents from construction of a Panchayat
                        Building in Kordhandhi tola situated in village-
                        Kurmawa under Bodhgaya Block in the District of
                        Gaya ji which is not a suitable place for the
                        construction and the same is always inundated
                        with water.
                                  (ii) To direct the respondents to concern
                        to construct Panchayat Building after taking
                        consent from the Mukhiya of the concern
                        Panchayat.
                                  (iii) To direct the respondent no.4 to
                        take action against the guilty persons who are
                        adamant to construct the Panchayat Building in
                        a place inundated with water and not suitable for
                        the same.
                                  (iv) To any other relief/reliefs to which
                        the petitioner may be found entitled in the fact
                        and circumstances of the case..”

                      3. Learned appearing on behalf of the petitioner,

          inter-alia, contended that the department of Panchyati Raj

          has issued an instruction that Panchayat building should be

          constructed in the head quarter of Gram Panchayat in the

          land which is Gairmzarua Aam and Annabad Bihar Sarkar,

          however, the construction of Panchayat building is being

          carried out by the respondents in Kordhandhi, Kurmawa

          Tola under Gram Panchayat, Dirawan in Bodhgaya block in

          the district of Gayaji which is not the headquarter of Gram

          Panchayat. He further submits that Panchayat building
Patna High Court CWJC No.8339 of 2026(2) dt.25-06-2026
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          cannot be constructed by filling any water sources pond lake

          or marsh. However, even in flood affected areas, Panchayat

          buildings are being built at higher places so that they remain

          unsafe. He further submits that in village Panchayat

          Kurmawa, land admeasuring 01 acre and 86 decimal

          appertaining to Khata No. 255, 254, Khesra No. 1154, 489

          recorded as Annabad Sarvsadharan land is available despite

          that the Mukhiya of the concern Panchayat has provided

          another site on the main road of village-Dirawan, P.S. Cherki,

          Block-Bodhgaya, District-Gaya which is not the suitable

          place for the construction as the same is inundated with

          water.

                      4. I have heard the submission advanced by the

          learned counsel for the petitioner and have gone through the

          materials available on record.

                      5. This Court is of the view that in the matter of

          construction of Panchayat building, no statutory rule or

          regulation is applicable rather it is being done on the basis of

          an executive policy formulated for implementation of an

          executive policy, therefore, in such a situation, a writ can not

          be issued as held by the Supreme Court in the case of The

          Union of India & Ors. Vs. S.L. Abbas reported in 1993(4)
            Patna High Court CWJC No.8339 of 2026(2) dt.25-06-2026
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                      SCC 357. The petitioner, if so advised, may take up the

                      matter with the competent authority of the State

                      Government by filing of a representation and it is for the

                      competent authority to consider the grievance of the

                      petitioner and take action as may be permissible under law.

                                  6. The Petitioner is a busy body and not an

                      aggrieved party, and no statutory or legal right of the

                      petitioner is infringed or threatened, therefore, writ

                      application under Article 226 of the Constitution of India, is

                      not maintainable at the instance of the petitioner.

                                  7. With the aforesaid observation/direction and

                      liberty granted to the petitioner this writ application is

                      disposed of.




                                                 (Girijish Kumar, J)
brajesh/-
U


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