Citizens cannot decide place or spot of Panchayat Sarkar Bhawan in Jamui:Chief Justice P.B. Bajanthri Court

In Ramashish Rawat vs. The State of Bihar through the Chief Secretary, Government of Bihar & Ors. (2025), Patna High Court's Division Bench led by Chief Justice P.B. Bajanthri delivered a 5-page long judgement dated September  22, 2025, wherein, it observed:''It is well settled that such matters fall within the policy/making domain of the Executive, and unless the policy is shown to be arbitrary, discriminatory or unconstitutional, this Court cannot substitute its wisdom for that of the Government.'' As Chief Justice, this was the second judgement he delivered.  

Relying on Supreme Court's decisions in State of Himachal Pradesh and Others vs. Himachal Pradesh Nizi Vyavsayik Prishikshan Kendra Sangh, reported in (2011) 6 SCC 597, Chief Justice Bjanathri who authored the judgement recollected that the Supreme Court has held that Courts are not intended to and should not sub- stitute their views in the views of the Executive in policy matters. He drew Supreme Court's decision in BALCO Employees’ Union (Regd.) vs. Union of India and Others, reported in (2002) 2 SCC 333 in which it was held that unless a policy decision is arbitrary, mala fide or contrary to statutory provisions, Courts cannot interfere. He also relied on Court's decision in Narmada Bachao Andolan vs. Union of India and Others, reported in (2000) 10 SCC 664 in which it is held that Courts should not examine the wisdom or correctness of policy choices. 

The High Court concluded: ''In the light of aforementioned discussions, writ petition is dismissed, with liberty to the petitioner to make a detailed representation to the competent authority, who will consider the same in accordance with law and Government policy." Justice Bajanthri observed:"Citizens cannot decide Panchayat Sarkar Bhawan is required to be constructed in which place or spot. On the other hand, State Government has evolved policy for the purpose of construction of Panchayat Sarkar Bhawan. Therefore, the petitioner can seek only for construction of Panchayat Sarkar Bhawan in the relevant Panchayat. The concerned authority is hereby directed to consider the representation of the petitioner...."