Md. Mahmud And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12166 of 2018 ====================================================== 1.

Md. Mahmud Son of Md. Yunus, R/o Village Parsahi, Ward No. 4, Nawabakhar, P.S.- Kishanpur, Dist.- Supaul.

2.

Md. Sakil, Son of Abdul Jabbar, R/o Village Parsahi Ward No. 4, Nawabakhar, P.S.- Kisanpur, Dist.- Supaul.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Education Department, Govt. of Bihar, Patna 2.

The Director, Principal Education Deptt. Govt. of Bihar, Patna. 3.

The Director, Land Acquisition and Rehabilitation, Water Resources Department Govt. of Bihar, Patna 4.

The Secretary, Bihar State Madarsa Education Borad, Patna. 5.

The District Magistrate, Supaul.

6.

The District Education Officer, Supaul.

7.

The Deputy Development Commissioner, Supaul.

8.

The Rehabilitation Officer, Koshi Project, Supaul. 9.

The Sub Divisional Officer, Supaul.

10.

The Block Development Officer, Kishanpur.

11.

The Block Education Officer, Kishanpur.

12.

The Head Maulvi, Madarsa Hasia Parsahi No. 714, Koshi Colony Tharbitta, P.S. Kishanpur, Dist.- Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhan Chandra Jha, Advocate For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -AAG-15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 29.06.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioners and learned

Patna High Court CWJC No.12166 of 2018(2) dt.06-01-2020 2/3 counsel for the respondents.

Petitioners have prayed for the following relief: "For issuance of an appropriate writ/order/direction commanding the respondents to shift the Madarsa Hasmia Parsahi No. 714 at its original lace i.e. at village Nawabakhar, Tola Parsahi, P.S. Kishanpur where it was originally established as the same institution was shifted temporarily to Tharbitta colony Puranwas when in 2010 the Koshi River eroded the village and Madarsa and now the river has changed its coursed and the villagers again settled there."

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.12166 of 2018(2) dt.06-01-2020 3/3 We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U