IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2823 of 2009 Anand Kumar Tiwary, son of Sri Rajendra Tiwary, village Sarkar, PS Deo, District Aurangabad – Petitioner. Vs. (1) The State of Bihar, (2) The District Magistrate, Aurangabad. (3) The Dy. Dev. Commissioner, Aurangabad. (4) The Subdivisional Officer, Aurangabad. (5) The Block Dev. Officer, Deo, District Aurangabad – Respondents. … 5 15.12.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the fact that although the Panchayat Aam Sabha had taken a decision that the Samudayik Bhawan be constructed on plot no. 380, khata no. 159, the Block Development Officer contrary to the decision aforesaid, has ordered that the Bhawan should be constructed over plot no. 204 which is a Ghair Mazrua Aam land. There are certain regulations with respect to construction of Samudayik Bhawan which envisages that it should be constructed at a place where head office of the Panchayat is situated and that it should be constructed after taking consent of the Mukhiya and other members of the Panchayat Samiti. The allegation against the Block Development Officer is that the plot that he has chosen for construction of the Samudayik Bhawan is a Ghair Mazrua Aam land – “Rasta”. This aspect of the matter as to whether the Samudayik Bhawan should be constructed on a Rasta needs to be verified by the Block Development Officer as the State authorities are supposed to leave the land or the road of the village free from any 2 encroachment. I, therefore, direct that the Block Development Officer should call for a meeting of the Mukhiya and important members of the village and take a decision with respect to construction of the Samudayik Bhawan. Since there was an order of status quo, perhaps no construction has been made as yet. The counter affidavit which has been filed after the order, dated 3.3.2009 also does not indicate that construction of the Bhawan has commenced. In the circumstances aforesaid it is directed that a decision should be taken within a period of four month on receipt of a copy of this order. This writ petition is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J .)