The Court dismissed a public interest writ petition seeking to stop the construction of a Panchayat Bhawan on a playground, holding that such infrastructure decisions lie within the domain of the Executive Government and warrant no judicial interference under Article 226.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13095 of 2024
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Birendra Ram Son of Ramchandra Ram Resident of Village-Bhaisehi, Ward No-8) P.O.-Padarkhap, P.S-Bharoganj, District- West Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhitabh Kumar, Advocate For the Respondent/s : Mr. P. K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-09-2024
The prayer in the writ petition, filed as a public interest, is to stop the construction of Panchayat Sarkar Bhawan at Vinoba Bhave Play Ground since, it caters to 7 schools in the locality. It is also contended that there is sufficient land available adjacent to the playground on which, the Panchayat Hall can be constructed.
2 . Learned Government Advocate, on instructions, submitted that already construction has begun and proceeded
Patna High Court CWJC No.13095 of 2024 dt.05-09-2024 2/2
substantially.
3 . We are of the opinion that the construction of a building, especially in a land starved State has to be left to the Executive Government. The building constructed is also a public utility service building catering to the people of the locality, who are benefited by the local administration. Even if, there is a plot nearby to the construction site, it is for the Government to decide as to the suitability of the plot for construction activities.
4 . We find absolutely no reason to invoke the extra ordinary remedy to interfere with the construction proposed in the site. The writ petition stands dismissed.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
sharun/-
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| Uploading Date | 07.09.2024 |
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1 issue framed by the court
Whether the court should interfere with the Executive Government's decision to construct a Panchayat Sarkar Bhawan on the Vinoba Bhave Play Ground.
Birendra Ram
State of Bihar through Chief Secretary Bihar
Secretary Art Culture and Youth Department Bihar
District Magistrate Bettiah West Champaran
Land Reforms Deputy Collector Bettiah West Champaran
Sub-Divisional Officer Bettiah West Champaran
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
