Dismissed¶37

Atharuzzaman @ Ujali @ Alharuzzama v. The State of Bihar

Patna HC3 Mar 2025CWJC/3730/2025

Case brief

AI extract

What is this about?

Panchayat Sarkar Bhawan; Gram Panchayat Raj Salaha Buzurg; Kareh river; construction in river bed; flood bandh; Khata No. 03 Khesra No. 673; Samastipur; Bithan; Rosera; Larjhaghat; Chirotana; discretionary writ jurisdiction declined; policy matter left to people's representatives and local authorities; Letter No. 10956 dated 12.10.2023 Government of Bihar; Division Bench judgment dated 07.04.2023; C.W.J.C. No. 3282 of 2023 (Naveen Kumar Ram & Others); Patna High Court; Rajesh Kumar Verma, J.; writ petition dismissed; NAFR; oral judgment 03-03-2025; uploaded 06.03.2025.

What did the court decide?

No case was made out for interference by this Court in the matter of the decision on the site for construction of the Panchayat Sarkar Bhawan, and the writ petition was accordingly dismissed. ¶36

Atharuzzaman @ Ujali @ Alharuzzama Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the respondent authorities should be restrained from constructing the Panchayat Sarkar Bhawan south of the Kareh river on plot Khata No. 03, Khesra No. 673 (land in the river bed, subject to monsoon inundation), and directed instead to construct the Salaha Gram Panchayat headquarters building outside the river bed/flood bandh on appropriate Government land. +1 more

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Ratio / Principle

No case was made out for interference by this Court in the matter of the decision on the site for construction of the Panchayat Sarkar Bhawan, and the writ petition was accordingly dismissed.

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Key takeaways

Proceeding on the relied-upon Division Bench decision in C.W.J.C. No. 3282 of 2023 (Naveen Kumar Ram & Others) dated 07.04.2023, the Court treated the siting of the Panchayat Sarkar Bhawan (site A or site B) as a question best left to the people's representatives in local self-government institutions and the local authorities, being essentially a matter of policy, and on that ground declined to interfere.ratio¶33

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J., oral judgment dated 03-03-2025; NAFR) dismissed Civil Writ Jurisdiction Case No.3730 of 2025, in which the petitioner sought (i) directions to construct the Panchayat Sarkar Bhawan of Salaha Gram Panchayat outside the river bed/flood bandh on appropriate Government land, and (ii) restraint against constructing it south of the Kareh river on Khata No. 03, Khesra No. 673 — land lying in the river bed and prone to deep inundation in the rainy season. Counsel for the State raised a preliminary objection citing Letter No. 10956 dated 12.10.2023 of the Government of Bihar (construction of the Panchayat Sarkar Bhawan being the responsibility of the concerned Government authority/elected body) and relied on a Division Bench judgment dated 07.04.2023 in C.W.J.C. No. 3282 of 2023 (Naveen Kumar Ram & Others), which this Court reproduced: whether the Bhawan is erected at site A or site B is an issue best left to the people's representatives in local self-government institutions and the local authorities, such a decision being 'essentially a matter of policy'. Concluding that 'no case is made out for interference in the matter by this Court', the petition was dismissed. No monetary award; no dissenting opinion.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3730 of 2025

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Atharuzzaman @ Ujali @ Alharuzzama Son of Md Qamruzzaman Resident of Village-Chirotana, Ward no.05, P.O. Slaha Buzurg, P.S. Larjhaghat, District-Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Department of Panchyat Raj, Government of Bihar, Patna.

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The District Magistrate, Samastipur.

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The District Panchayat Raj Officer, Samastipur.

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The Sub-Divisional Officer, Rosera, Samastipur.

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The Circle Officer, Bithan, Samastipur.

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The Block Panchayat Raj Officer, Bithan, Samastipur.

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The Executive Engineer, Flood Control Division, Darbhanga.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Hafiz Shahbaz Arif, Advocate For the State : Mr. Government Pleader (17)

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 03-03-2025

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The petitioner has filed the present writ petition for the following reliefs:

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“(i) For issuance of an appropriate writ, order or direction commanding the respondents authorities to construct Panchayat Sarkar Bhawan in the Head quarter of Salaha Gram Panchayat outside the river bed safety the flood bandh on any appropriate Govt. land.

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Patna High Court CWJC No.3730 of 2025 dt.03-03-2025

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2/3

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(ii) For issuance of an appropriate writ, order or direction restraining the respondent authorities from constructing the Panchayat Sarkar Bhawan South side of Kareh river of Gram Panchayat Raj Salaha Buzurg on a plot of land bearing Khata No. 03, Khesra No. 673 which is in river bed and generally the same is inundated under deep water in the rainy season and there is a great chance of washing away of the aforesaid proposed Building.

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(iii) For issuance of an appropriate writ, order or direction for grant of any other relief or reliefs which may be deemed fit and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that the authority has taken a decision for construction of Gram Panchayat Raj Salaha Buzurg in river bed of Kareh river on a Government land bearing Khata No. 03, Khesra No. 673 under the Scheme of Government of Bihar.

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Learned counsel for the State has taken a preliminary objection and submits that as per Letter No. 10956 dated 12.10.2023 of the Government of Bihar, the only Government authority or the elected body of the area is responsible for construction of Panchayat Sarkar Bhawan and apart from that he has relied upon a Division Bench judgment dated 07.04.2023

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Patna High Court CWJC No.3730 of 2025 dt.03-03-2025 3/3

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passed in C.W.J.C. No. 3282 of 2023 (Naveen Kumar Ram & Others), which is quoted hereinbelow:

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“ The averments in the writ petition discloses that all the petitioners were public representatives of the Gram Panchayat in question at the time the earlier site was selected in 2021. They have alleged that the Gram Sabha comprising of present members and Mukhiya have now initiated shifting of the proposed site for construction of the Panchayat Sarkar Bhawan to a place which is not suitable.

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Whether the Panchayat Sarkar Bhawan is constructed at site A or B is an issue best left to the people’s representatives in the local self government institutions as well as the local authorities to decide based on various factors/parameters. Such a decision is essentially a matter of policy.

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This Court is, therefore, not inclined to exercise its discretionary jurisdiction in respect of such policy matters.”

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