Decision On Construction Of Govt Buildings Like Panchayat Sarkar Bhawan Is State Policy, Can't Be Subject Matter Of PIL: Patna High Court

The Patna High Court has dismissed a Public Interest Litigation (PIL) that sought the issuance of a direction to construct the Panchayat Sarkar Bhawan of Gram Panchayat Raj in Amaithi, at Sasaram in the village of Masona. The petitioner, Mahendra Singh, a resident of Masona, argued that construction should be prioritized in his village due to its higher population compared to Susadi village.

The court ruled that decisions regarding the construction of government buildings, such as the Panchayat Sarkar Bhawan, are within the purview of the concerned state authorities and cannot be the subject of a PIL.

The bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy observed, “the appropriate authority for deciding the place of construction of the Panchayat Sarkar Bhawan would be the concerned Department of the State of Bihar and/or thelocal administration and it is for this reason that even the letter dated 26.11.2019 provides that the decision has to be taken by the concerned District Magistrate.”

“Further in the opinion of this Court, the decision with respect to construction of Government Buildings like the Panchayat Sarkar Bhawan etc., which is carried out in the furtherance of the policy decision of the State Government cannot be a subject matter of public interest litigation,” the court added while dismissing the PIL.

The petitioner submitted that a directive had been issued by the Principal Secretary of the Panchayati Raj Department, Government of Bihar, in a letter to all District Magistrates in the state. The letter instructed the construction of a Panchayat Sarkar Bhawan at the headquarters of every Panchayat and, in the absence of government land, suggested constructing it in another village with a higher population.

The Circle Officer of Sanjhauli, Rohtas, submitted a report to the District Magistrate of Rohtas, Sasaram, stating that Masona village had a higher population compared to Susadi village and suitable land was available for construction. Additionally, a public petition was also filed in April, 2023, highlighting the matter.

However, despite these actions, the petitioner alleged that the authorities were not taking any action, and consequently, he resorted to filing the PIL.

The court in it’s verdict, acknowledged that although it is correct that a letter was written by the Principal Secretary of the Panchayati Raj Department, Government of Bihar to all the District Magistrates for establishment of a Panchayat Sarkar Bhawan at the headquarters of all the GramPanchayats, however at the same time from perusal of the said letter which has been brought on record, it would transpire that the same is in the form of a guideline to the respective District Magistrates.

Case Title: Mahendra Singh vs The State of Bihar and Others Civil Writ Jurisdiction Case No.8361 of 2023

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