Disposed¶6

Umesh Kumar Sinha v. The State of Bihar

Patna HC4 Aug 2025CWJC/728/2025

Case brief

AI extract

What is this about?

Panchayat Sarkar Bhawan situs; writ maintainability; construction decision exclusive domain of State Government; Krishna Deo Kumar v State of Bihar (Division Bench, 23.02.2024, CWJC No. 3280 of 2024) relied upon; writ disposed of as not maintainable; liberty to represent before District Magistrate Patna within one month; disposal after hearing; completion within three months; grievance re demolition of Prime Minister Awas Yojna houses; Dulhin Bazar, Patna; Alok Kumar Sinha, J; 04-08-2025.

What did the court decide?

Writ application disposed of as not maintainable; petitioners granted liberty to file a detailed representation before the District Magistrate, Patna within one month, to be disposed of after hearing the petitioners, with the entire exercise to be completed within three months of filing. ¶6

Umesh Kumar Sinha Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶6

Issue for consideration

Whether the writ application relating to the construction of the Panchayat Sarkar Bhawan and its situs (with an ancillary grievance that petitioners' houses built under the Prime Minister Awas Yojna were sought to be demolished) is maintainable before this Court. +1 more

¶2

Court's answer

Since construction of the Panchayat Sarkar Bhawan and its situs fall within the domain of the State Government, the present writ application is not maintainable.

¶5

Ratio / Principle

Adopting the Division Bench ruling in Krishna Deo Kumar v The State of Bihar & Ors., this Court holds that the construction of the Panchayat Sarkar Bhawan and the decision as to its situs lie entirely within the domain of the State Government.

¶4

Key takeaways

The petitioners are granted liberty to file a detailed representation before the District Magistrate, Patna regarding their grievances; if filed within one month of the order, it shall be disposed of by the District Magistrate, Patna after hearing the petitioners.ratio¶5
The representation before the District Magistrate is directed to include the petitioners' grievance raised in the writ, namely that their houses constructed under the Prime Minister Awas Yojna are sought to be demolished.ratio¶5

Detailed headnote1 paragraphs

PATNA HIGH COURT (Alok Kumar Sinha, J) | CWJC No. 728 of 2025 | Decided 04-08-2025. Eight petitioners, residents of Sadaveh/Khapuri villages, Dulhin Bazar block, District Patna, questioned matters relating to the construction of a Panchayat Sarkar Bhawan and its situs, and further complained that houses constructed by them under the Prime Minister Awas Yojna were sought to be demolished. Relying on the Division Bench judgment dated 23.02.2024 in Krishna Deo Kumar v The State of Bihar & Ors. (C.W.J.C. No. 3280 of 2024), the Court held that construction of a Panchayat Sarkar Bhawan and the decision as to its situs lie entirely within the domain of the State Government, and consequently the writ application was not maintainable. The writ was disposed of as not maintainable with liberty to file a detailed representation before the District Magistrate, Patna (to include the PMAY-demolition grievance) within one month, to be disposed of after hearing the petitioners, the entire exercise to be completed within three months of filing.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.728 of 2025

¶2

======================================================

¶3

Umesh Kumar Sinha son of Madheswar Yadav, resident of Village and P.O. - Sadaveh, P.S. Dulhin Bazar, District - Patna- 801102.

¶4

Sudha Devi, wife of Akhilesh Pandit, Village and P.O.- Sadaveh, P.S.Dulhin Bazar, District Patna- 801102.

¶5

Hari Shankar Sao, son of Sheopujan Sao, Village and P.O. - Sadaveh, P.S. - Dulhin Bazar, District - Patna 801102.

¶6

Rita Devi wife of Rohan Chaudhary, Village and P.O. - Sadaveh, P.S. - Dulhin Bazar, District Patna 801102.

¶7

Rinki Devi, wife of Santosh Kumar, Resident of Village - Khapuri, P.O. - Sadaveh, P.S.- Dulhin Bazar, District - Patna 801102.

¶8

Shiv Narayan Mochi, son of Ram Jivan Mochi, Resident of Village Khapuri, P.O. Sadaveh, P.S. Dulhin Bazar, District - Patna 801102.

¶9

Reena Devi, wife of Rantosh Mochi, Resident of Village - Khapuri, P.O. - Sadaveh, P.S.- Dulhin Bazar, District - Patna 801102.

¶10

Ram Anuj Mochi, son of Ram Jivan Mochi, Resident of Village Khapuri, P.O. Sadaveh, P.S. Dulhin Bazar, District Patna 801102.

¶11

... ... Petitioner/s

¶12

Versus

¶13

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.

¶14

The Principal Secretary, Panchayati Raj Department, Bihar, Patna.

¶15

The District Magistrate, Patna.

¶16

The Senior Superintendent of Police, Patna.

¶17

The District Panchayati Raj Officer, Patna.

¶18

The Block Development Officer, Dulhin Bazar, Patna.

¶19

The Circle Officer, Dulhin Bazar, Patna.

¶20

The Officer-in-Charge Dulhin Bazar Police Station, Patna.

¶21

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Respondent/s : Mr. Standing Counsel, 08 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

¶22

3 04-08-2025 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

¶23

Patna High Court CWJC No.728 of 2025(3) dt.04-08-2025 2/3

¶24

This writ application relates to construction of Panchayat Sarkar Bhawan and its situs.

¶25

The issue relating to construction of Panchayat Sarkar Bhawan and its situs is no longer, res integra. Vide judgment dated 23.02.2024 passed in C.W.J.C. No. 3280 of 2024 in the case of Krishna Deo Kumar v The State of Bihar & Ors., the learned Division Bench of this Court has held and observed as follows:-

¶26

“5. It is worth noting that so far the construction of Panchayat Sarkar Bhawan is concerned, the same is within the exclusive jurisdiction of the Gram Panchayat and a decision as to its situs lies entirely within the domain of Panchayat concerned and the State Government has exclusive jurisdiction to take a decision in this regard. So far the grievance of the petitioner is concerned, he has already represented before the concerned authorities, including the District Magistrate, Arwal and any direction of this Court would be uncalled for, in the matter.”

¶27

In view of the above judgment, it is clear that the construction of Panchayat Sarkar Bhawan and a decision as to its situs lies entirely within the domain of the State Government.

¶28

In such view of the matter, the present writ application is not maintainable. However, the petitioners are

¶29

Patna High Court CWJC No.728 of 2025(3) dt.04-08-2025 3/3

¶30

granted liberty to file a detailed representation before the District Magistrate, Patna with regard to his grievances, which will also include the grievance which the petitioners are raising in this writ that the houses of the petitioners constructed under Prime Minister Awas Yojna is also being sought to be demolished. If such a representation is filed within one month from the date of this order, the same shall be disposed of by the District Magistrate, Patna after hearing the petitioners. The entire exercise must be completed within a period of three months from the date of the filing of the representation.

¶31

With the aforesaid liberty granted, the present writ application is disposed of as not maintainable.

¶32

(Alok Kumar Sinha, J)

¶33

Jyoti Kumari/-

¶34

Umesh Kumar Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Umesh Kumar Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar Singh Vs The State of Bihar

Shweta Kumari Vs The State Of Bihar and Ors.

Anima Mishra Vs The State Of Bihar and Ors.

Abhishek Kumar Jain Vs The State of Bihar

Yogendra Ray Vs The State of Bihar

Anil Kumar Mahto Vs The State of Bihar