Vinod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10598 of 2019 ====================================================== Vinod Kumar Yadav Son of Sri Ramchandra Yadav Resident of Village-Nav toli, P.S.-Rajnagar, Dist.-Madhubani, at present resident at Mohalla Chakdah VidyapattiNagar, P.S. Rajanagar, Dist. Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary H.R.D. Bihar, Patna. 2.

The Commissioner Darbhanga.

3.

The Collector Madhubani.

4.

The District Education Officer, Madhubani.

5.

The District Superintendent of Education, Madhubani. 6.

The District Program Officer, Madhubani.

7.

The Block Education Officer Rajnagar, Madhubani. 8.

The Circle Officer Rajnagar, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Mr.Sanjay Kumar For the State :

Mr.Smt. Binita Singh (SC-28) Mr. Vivek Anand Amritesh, AC to SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2019 Though, the case has been listed with office notes, pointing out certain defect, considering the nature of dispute involved, ignoring the said defect, I proceed to dispose of the writ application, after hearing the learned counsel for the parties.

There is a government primary school established over a land, which according to the petitioner, belongs to his family. The school building was constructed way back in the

Patna High Court CWJC No.10598 of 2019(2) dt.09-05-2019 2/3 year 1986. The petitioner has a grievance that no compensation for acquisition of the said land, for the purpose of construction of school building has been paid.

It has been stated that the petitioner has been approaching the authorities for payment of compensation since 2017.

It transpires from the documents, which have been brought on record, that a proceeding under Bihar Right to Public Grievance Redressal Act, 2015 has/had been initiated in which the parties have/had appeared. It seems that it has been the case of the contesting respondents before the Public Grievance Redressal Forum that the land was donated by the grand-father of the petitioner. The petitioner claims that the grand-father of the petitioner could not have donated the land, since he did not have the title over the land.

I find it difficult to entertain this writ application filed 32 years after the school having been established and construction of the school building over the land in question, having been done.

This writ application is accordingly dismissed. The petitioner shall be at liberty to take recourse to appropriate provisions of law, including approaching the civil

Patna High Court CWJC No.10598 of 2019(2) dt.09-05-2019 3/3 court of competent jurisdiction, if the same is found to be advisable and permissible, in accordance with law. (Chakradhari Sharan Singh, J) HR/- U