Shrawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5036 of 2023 ====================================================== Shrawan Kumar Singh Son of Guru Dayal Singh Resident of Village- Mau Mirzapur, Police Station- Vidyapati Nagar, District- Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education Federation Department, Government of Bihar, Patna.

4.

The Director-cum-Secretary, Bihar State Sports Authority, Patna. 5.

The Regional Director, Education Department, Darbhanga. 6.

The Principal Secretary, Department of Youth Affairs and Sports, Government of Bihar, Patna.

7.

The Secretary, Arts Culture and Youth Affairs, Government of Bihar, Patna. 8.

The Director, Directorate of Youth Welfare and Sports of Bihar, Patna. 9.

The District Magistrate-cum-Collector, District- Samastipur. 10.

The District Education Officer, District- Samastipur. 11.

The District Sports Officer, District- Samastipur. 12.

The Deputy Superintendent of Physical Education, District- Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Advocate For the Respondent/s :

Mr.Jitendra Kumar Roy 1 ( SC-13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-06-2023 This seems to be a completely misconceived application. It is the case of the petitioner that his grandfather had donated the land in question for purpose of construction of a High School. The grievance of the petitioner is that contrary to the purpose of donation, the respondents tried to construct/ run the Eklavya State Residential Training Centre, Football (Girl) +2 High School, Mau, Bazidpur without the consent of the

Patna High Court CWJC No.5036 of 2023(2) dt.21-06-2023 2/3 petitioner and his family members.

The petitioner has, therefore, prayed for quashing of the order as contained in Memo No. 162 dated 28.02.2023 issued under signature of the District Magistrate, Samastipur. Learned counsel for the State has opposed this writ application. It is pointed out from the impugned order as contained in Annexure '1' that the land has been utilized for A State Level Residential Training Centre and +2 High School. It is submitted that from Annexure '1', it would appear that the construction has also taken place and directions have been issued to start the teaching work and training. Having heard learned counsel for the petitioner and the State, this Court finds no reason to entertain this thoroughly misconceived writ application. The petitioner had earlier approached this Court by way of public interest litigation in CWJC No.

1054 of 2023 which was not entertained with an observation that the writ application is completely misconceived. Petitioner was given liberty to approach appropriate forum for redressal of his grievance. Petitioner has once again filed a misconceived writ application and thereby wasted the judicial time of this Court.

Hence, while dismissing this writ application, this

Patna High Court CWJC No.5036 of 2023(2) dt.21-06-2023 3/3 Court imposes a cost of Rs. 5,000/- upon the petitioner. Let the cost be deposited with the Patna High Court Legal Services Authority within a period of 30 days from today, failing which it will be realized in accordance with law.

(Rajeev Ranjan Prasad, J) tusharika/- U