The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking directions upon the respondent authorities to construct the Panchayat Sarkar Bhawan of Gram Panchayat Raj, Amaithi, Block – Sanjhauli, District – Rohtas at Sasaram at Village-Masona on the Government Land because the Population of Masona village is higher than Susadi village.
The case of the petitioner in brief is that he is a resident of village Masona under Police Station Sanjhauli in the District of Rohtas. It is contended that a direction was issued by the Principal Secretary, Panchayati Raj Department, Government of Bihar contained in letter dated 26.11.2019 to all District Magistrates in the State of Bihar, with respect to construction of a Panchayat Sarkar Bhawan at the headquarters of every Panchayat. It was further directed that in case Government land is not available in the headquarter then the Panchayat Sarkar Bhawan may be constructed in another village where the Government land is available giving preference to the village where the population is higher
It is the case of the petitioner that the Circle Officer, Sanjhauli, Rohtas at Sasaram submitted a report dated 30.8.2022 before the District Magistrate, Rohtas at Sasaram regarding construction of the Panchayat Sarkar Bhawan. It was mentioned in the said letter that the population of Masona was higher than that of village Susadi and land was also available. A public petition was also filed on 11.4.2023. Inspite of these facts as also the petitioner having filed an application before the District Panchayat Raj Officer, Rohtas at Sasaram to select the Government land at village Masona for the construction of the Panchayat Sarkar Bhawan, the respondents are sitting tight over the matter and the petitioner is being made to move from pillar to post.
Having heard counsel for the parties and having perused the material on record, the Division Bench of Chief Justice K. Vinod Chandran and Partha Sarthy held that although it is correct that a letter dated 26.11.2019 has been 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 Gram Panchayats, however at the same time from perusal of the said letter which has been brought on record to the application it would transpire that the same is in the form of a guideline to the respective District Magistrates.
On perusal of the guidelines contained in the letter dated 26.11.2019 of the Panchayati Raj Department, the Bench noted that preference has to be given for establishment of Panchayat Sarkar Bhawan at the headquarters of the Gram Panchayat. In case land is not available, guidelines have been provided for choosing other alternatives. Here itself it would be important to keep in mind that 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 the local 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 the 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.