BRIJ NANDAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the decision of Aam Sabha dtd. 2/8/2016, issued under the signature of the Mukhiya of Gram Panchayat Raj Pakahi- Jhajhara, whereby and whereunder the land selected earlier for construction of Panchayat Sarkar Bhawan has been cancelled and a decision has been taken unanimously to construct Panchyat Sarkar Bhawan at land situated at Mauza-Jhajhara, P.S. No. 261, appertaining to Khata No. 2 (old), Khesra No. 885 (old), corresponding to Khata No. 346 (new), Khesra No. 1019 (new) [hereinafter referred to as "Mauza-Jhajhara, Plot No. 1019"], ad-measuring 1 acre. The petitioners have further prayed for setting aside the order dtd. 6/12/2016, issued by the District Magistrate, Darbhanga, whereby and whereunder he has given approval for construction of Panchayat Sarkar Bhawan at land situated at Mauza-Jhajhara, Plot No. 1019, admeasuring 1 acre, instead of the previous selected land situated at Mauza-Pakahi, appertaining to Khata No. 718, Khesra No. 1204 [hereinafter referred to as "Mauza- Pakahi, Plot No. 1204"]. Lastly, the petitioners have prayed for directing the Respondents to construct Panchayat Sarkar Bhawan at the land situated at Mauza-Pakahi, appertaining to Khata No. 718, Khesra No. 1204.

(2.) The brief facts of the case, according to the petitioners are that there are six panchayats in Cluster No. 51 including Pakahi Jhajhara Gram Panchayat. The then Mukhiya of Pakahi Jhajhara Panchayat, vide application dtd. 21/9/2012 had requested the concerned Circle Officer to grant approval for construction of Panchayat Sarkar Bhawan at the land situated at Mauza Pakahi, appertaining to Khata No. 718, Khesra No. 1204, ad-measuring 4 acres 37 decimals. Thereafter, the Anchal Amin had measured the land on 15/10/2012 and submitted a report along with the trace map as also had demarcated the land for construction of Panchayat Sarkar Bhawan. The Block Development Officer and Circle Officer had then inspected the land on 6/11/2012 and had submitted a report in the prescribed format. The Circle Officer, Kusheshwar Asthan i.e. the Respondent No. 7 had intimated the factual aspect of the matter pertaining to construction of Panchayat Sarkar Bhawan to the District Panchayati Raj Officer, Darbhanga i.e. the Respondent No. 5, vide letter dt. 28/11/2012. The respondents had, after considering the entire facts and circumstances, accorded sanction for construction of Panchayat Sarkat Bhawan at Mauja-Pakahi and then the Executive Engineer, Department of Yojna and Development, Government of Bihar, had issued tender notice No. 2/14-15 for five works including construction of Panchayat Sarkar Bhawan at Pakahi at an estimated cost of Rs.95,38,455.00 and the time prescribed for completion of work was twelve months. Only one person, namely Gauri Shankar Yadav i.e. the Respondent No. 14 had submitted his bid, hence he was declared to be the successful bidder. Nonetheless, he delayed the construction of the aforesaid Panchayat Sarkar Bhawan since the Ex-Mukhiya and the persons having vested interest were trying to change the site of Panchayat Sarkar Bhawan.

(3.) The Respondent Engineer-in-Chief, Local Area Engineering Organization, Department of Yojna and Development, Government of Bihar, had then granted approval for awarding tender to Sri Gauri Shankar Yadav for construction of Panchayat Sarkar Bhawan at Kusheshwar Asthan, Pakahi-Jhajhara, Darbhanga, vide letter dtd. 11/5/2016. However, in the meantime, the newly elected Mukhiya had issued a letter, containing the unanimous decision of the Aam Sabha dtd. 2/8/2016, whereby and whereunder the land selected earlier for construction of Panchayat Sarkar Bhawan was cancelled and a decision was taken to construct the same at the land situated at Mauza-Jhajhara, Plot No. 1019, ad-measuring 1 acre. At this juncture, it has been pointed out that the said Plot No. 1019 belongs to the Middle School, Jhajhara, nonetheless the Circle Officer had recommended the matter to the Sub-Divisional Officer, Biraul, who in turn vide letter dtd. 15/9/2016 had made recommendation for change of the site chosen earlier for construction of Panchayat Sarkar Bhawan to the Respondent No. 5, subject to the Education Department having no objection and it was stated therein that the Panchayat Sarkar Bhawan can be constructed at Plot No. 1019. The District Magistrate, Dharbhanga had then, vide order dtd. 6/12/2016 granted approval for construction of the Panchayat Sarkar Bhawan at the land situated at Mauza-Jhajhara, Plot No. 1019, ad-measuring 1 acre. The petitioners and others had then objected to the said decision dtd. 6/12/2016, taken by the District Magistrate, Darbhanga.