Amitav Kumar Gupta, J. - (1.) THE instant writ petition(Public Interest Litigation) has been filed for issuance of appropriate writ directing and commanding upon the respondents to construct Badgunda Khurd Panchayat Bhawan at village Badgunda Khurd itself and to restrain the respondents from constructing the aforesaid Panchayat Bhawan at village Badgunda Kala, Tola Dhab under Khata no. 81, plot no. 799.
(2.) THE fact exposited in the present petition is that the State Government has decided to construct Panchayat Bhawan in all Panchayat H.Q of all districts of Jharkhand under the B.R.G.F. Fund and in view of the policy decision the Chief Secretary, Jharkhand and Principal Secretary, Rural Development Department, Jharkhand issued order through Video conference to the Deputy Commissioner, Giridih on 29.01.2011 whereupon the Deputy Commissioner, Giridih issued orders vide memo no. 31/Zila Yojna dated 01.02.2011 to all the Block Development Officers of District Giridih (Annexure -1). It is stated that from the said order it is evident that Panchayat Bhawan is to be constructed only in the H.Q of the village of the concerned Gram Panchayat in coordination with the Mukhiya Ward Samitee by selecting the place of construction of such Panchayat Bhawan. As per Annexure -2 the Deputy Commissioner, Giridih has fixed Panchayat H.Q. of Badgunda Khurd Gram Panchayat at village Badgunda Khurd itself and it was notified in the District Gazette on 28.04.2010. Whereafter several meetings were held in presence of Block Development Officer at village Badgunda Khurd for selection of the site for construction of the aforesaid Panchayat Bhawan and land was made available under Khata no. 83, Plot no. 731 and information was sent by the villagers to the Deputy Commissioner, Giridih on 15.07.2013. Thereafter, the Deputy Development Commissioner, Giridih directed the Block Development Officer, Giridih to convene a Gram Sabha for selection of the site on the available Government land, in village Badgunda Khurd and the Block Development Officer directed the Mukhiya/Panchayat Sevak to organise a meeting on 01.08.2013 vide memo no. 1622 dated 24.07.2013 (Annexure -3). It is averred that when the meeting was to be held on 01.08.2013 at village Badgunda Khurd the Deputy Commissioner directed the B.D.O. on telephone, to hold Aam Sabha in place of Gram Sabha for selecting the place for construction of the Panchayat Bhawan and the B.D.O. vide memo no. 1670 dated 30.07.2013 issued necessary direction to the Mukhiya/Panchayat Sevak of the said Panchayat (Annexure -4). On 01.08.2013 Aam Sabha was held for the aforesaid purpose but the Sub -Divisional Officer being fully aware that as per the Government decision Panchayat Bhawan has to be constructed only in the Panchayat H.Q at village Badgunda Khurd, wrongly and illegally decided to construct the Panchayat Bhawan of village Badgunda Khurd at village Badgunda Kala, Tola Dhab through illegal voting/counting of villagers without taking into account that there was no procedure prescribed in the Government Circular and the same was published in the news paper 'Hindustan' (Annexure -5). The B.D.O. had informed about the matter to the Deputy Commissioner, Giridih vide letter dated 18.08.2013. (Annexure -6) and the Deputy Commissioner, Giridih had referred the matter to the Deputy Development Commissioner, Giridih for necessary action who had forwarded the same to the District Panchayat Raj Officer, Giridih who suggested the place of construction of Badgunda Khurd Panchayat Bhawan under Khata no. 81, Plot no. 799. The petitioner sought information under R.T.I. Act, 2005 and he was supplied with the office order passed by the respondents. Upon recommendation of the D.P.R.O the Deputy Commissioner, Giridih has approved the construction of Panchayat Bhawan of Badgunda Khurd Gram Panchayat at village Badgunda Kala (Annexure -7 series).When the petitioner along with 113 villagers had represented before the Deputy Commissioner, Giridih and other respondents on 25.09.2013 expressing their grievance against the aforesaid decision for constructing the Panchayat Bhawan at village Badgunda Kala instead of Badgunda Khurd which was in violation of the Government Circular. On the above facts the petitioner has sought direction upon the respondents to construct Panchayat Bhawan at village Badgunda Khurd in accordance with the direction of the Chief Secretary and the Notification issued by the Deputy Commissioner, Giridih. It is urged that the respondents are bound to construct the Panchayat Bhawan at Badgunda Khurd itself which has highest population of 1459 villagers amongst all the eight revenue villages under Badgunda Gram Panchayat and the respondents have no justification for construction of the Panchayat Bhawan at village Badgunda Kala, Tola Dhab which is in violation of the norms and circulars of the Government of Jharkhand, which does not prescribe recommendation of Aam Sabha, but mandates that meeting of Gram Sabha be convened and in view of the violation of the Government decision the respondents should be restrained from constructing Panchayat Bhawan at Badgunda Kala, Tola Dhab and the said act is illegal as Badgunda Kala, Tola Dhab is not the Panchayat H.Q. as shown in the district Gazette. Moreover, the said village has less population of 897 villagers only. The respondents being the creatures of the Statute are bound to act squarely within the parameter of the Statute and the deviation from the direction of the Government is against the policy and Rules of Law which deserves interference of this Court keeping in view of the interest of the public.
(3.) LEARNED counsel for the petitioner has also submitted that B.D.O. has made false averments in the counter affidavit by stating that the land under Khata no. 83, Plot no. 371, of area 1.80 acres is a forest land where Panchayat Bhawan cannot be constructed but the fact is that suitable land was available under Khata no. 83, Plot No. 731 of area 1.80 acres which is not a forest land and the Divisional Forest Officer in the information provided under the R.T.I. Act has stated that the land under Khata no. 83, Plot no. 371 of Area 0.06 acres is a forest land and the filing of false statement by the B.D.O.s by mentioning Plot no. 371 instead of 731 is an act for which the respondents should be prosecuted.;