Vikarant Kumar vs State Of Bihar

P. B. Bajanthri, ACJ

In the instant writ petition, the petitioner has prayed for the following relief(s):

“(i) To issue an appropriate writ, order or direction in the nature of certiorari for quashing letter no. 1257 dated 27.05.2025 issued by the Respondent District Panchayati Raj Officer Rohtas, Sasaram where by the Circle Officer, Kargahar has been directed to cancel the land previously selected for construction of Panchayat Sarkar Bhawan for Gram Panchayat Babhani (Block Kargahar) located at Village Kurup bearing Khata 398, Khesra 1855, Area 62 decimal and to prepare the file for construction of Panchayat Sarkar Bhawan at the newly selected land situated at Village Babhani bearing Khata 347, Khesra 1205, Thana 398, area 1 Acre and to produce the same before the Respondent District Magistrate through appropriate channel.

(ii) To issue an appropriate writ, order or direction in the nature of certiorari for quashing letter no. 1286 dated 17.06.2025 issued by Respondent Executive Engineer, Work Division 1, Rural Work Division, Rohtas, Sasaram to Nawal Kishore Singh, directing him to commence the work for construction of Panchayat Sarkar Bhawan at newly selected land situated at Village Babhani bearing Khata 347, Khesra 1205, Thana 398, area 1 Acre.

(iii) To direct the respondents not to proceed with the construction work of the Panchayat Sarkar Bhawan on land appertaining to Khata 347, Khesra 1205, Thana 398, area 1 Acre situated the Village Babhani.

(iv) To direct the respondents to ensure that Panchayat Sarkar Bhawan for Gram Panchayat Babhani (Block Kargahar) is constructed at land located at Village Kurup bearing Khata 398, Khesra 1855, Area 62 decimal.

(v) This Hon'ble Court may adjudicate and hold that the action of the Respondents in changing the location for construction of Panchayat Sarkar Bhawan for Gram Panchayat Babhani (Block Kargahar) from Village Kurup to Village Babhani, that too when the construction has already started at Village Kurup, is bad in the eyes of law.

(vi) This Hon'ble Court may further adjudicate and hold that land selected for construction of Panchayat Sarkar Bhawan for Gram Panchayat Babhani (Block Kargahar) at Village Babhani being a pond constructed under MGNREGA scheme is not in conformity with the provisions of Clause 2 (v) of letter no. 8354 dated 30.08.2022 issued by the Department of Panchayati Raj which provides that land selected for construction of Panchayat Sarkar Bhawan should not be pokhar, talab, road, aahar, paine, nahar, nala, forest etc.

(vii) To grant any other relief or reliefs which the Petitioner may be found entitled to in the facts and circumstances of the case.”

In support of the aforementioned relief, the petitioner has approached the Mukhiya vide Annexure-P-6 dated 01.04.2025. He should have approached the District Magistrate, Rohtas. In the absence of approaching the competent authority, the present writ petition cannot be entertained.

Be that as it may, in the event of filing representation/application along with the relevant material before the District Magistrate, Rohtas, the District Magistrate, Rohtas, is requested to examine the petitioner’s grievance only to the extent whether is there any proposal for construction of Panchayat Sarkar Bhawan over the pond or not? In this regard, necessary decision shall be taken and communicated to the petitioner within a period of three months from the date of receipt of petitioner’s application/representation.

Accordingly, the present writ petition stands disposed of.