IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4273 of 2004 RAJENDRA SHARMA SON OF SHRI AKLOO SHARMA, RESIDENT OF MAHUAWA, P.O. BRINDABAND ASHRAM, POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN, AT PRESENT MUKHIA, G.P.R. LOHIYARIA, BLOCK CHANPATIA, DISTRICT WEST CHAMPARAN – PETITIONER. Versus 1. THE STATE OF BIHAR 2. RURAL DEVELOPMENT DEPARTMENT THROUGH ITS SECRETARY, SECRETARIAT, PATNA. 3. DIRECTORATE PANCHAYAT RAJ THROUGH ITS DIRECTOR, SECRETARIAT, PATNA. 4. DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH. 5. DEPUTY DEVELOPMENT COMMISSIONER, WEST CHAMPARAN, BETTIAH. 6. SUB-DIVISIONAL OFFICER, WEST CHAMPARAN, BETTIAH. 7. MUKHIYA, GRAM PANCHAYAT, GIDHA, WEST CHAMPARAN, BETTIAH. – RESPONDENTS. ----------- 2/ 23-03-2011 Heard the parties. The present writ petition was filed in the year 2004 challenging the order dated 07.02.2004 (Annexure-5) passed by respondent District Magistrate, West Champaran, whereby it was directed that Panchayat Bhawan situate at village- Barohia, now forming part of Gram Panchayat, Gidha, shall be used as Community Hall or for any other public purposes by the people of Gidha Panchayat. From Perusal of Annexure-5, it appears that originally the Panchayat Bhawan in question situate at village Barohia was the part of Lohiyaria Gram Panchayat in the district of West Champaran. The aforesaid Lohiyaria Gram Panchayat was bifurcated/ reorganized under the 2 provisions of Bihar Panchayat Raj Act, 1993 and two new Gram Panchayats, namely, Gram Panchayat Lohiyaria and Gram Panchayat Gidha were created. Now, as per the order of the District Magistrate, both Gram Panchayats have been directed to construct their separate Panchayat Bhawan at the headquarter of the Gram Panchayats, as per the relevant rules. Since the present Panchayat Bhawan situate at village- Barohia is not at the headquarter of any of the Gram Panchayat, therefore, the same has been directed to be used as Community hall or for any other public purposes. Admittedly, the Panchayat Bhawan in question is no longer part of Lohiyaria Gram Panchayat. Therefore, the petitioner has no legal right to claim any right and title over the same, being the Mukhiya. Further, after 2004 general election for all the Gram Panchayats in the State of Bihar had taken place in the year 2006. It is no where stated in the writ petition or in any affidavit that the petitioner was re-elected as Mukhiya in that election held in the year 2006. This Court does not find any legal infirmity in the order impugned. The writ petition is, accordingly, dismissed. No costs. BTiwary/ ( Birendra Prasad Verma, J.)