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Patna High CourtC. REV./250/2011dismissed

Goswami Middle School Kali Tol v. The State Of Bihar And ORS.

2017-12-06Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No. 250 of 2011 In Civil Writ Jurisdiction Case No. 16256 of 2010 ====================================================== Goswami Middle School Kali Tola, Rajapur, Through Its Secretary Yogendra Giri Son Of Late Yadunath Giri R/O Village - Lali Tola, Rajapur, P.O. Sughari, P.S. Bhagwanpur Hat, District - Siwan .... .... Intervener Petitioner/Petitioner

Versus

1. The State Of Bihar, through the Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna

2. The District Magistrate - Cum - Collector, Siwan, District Siwan ( Bihar )

3. The District Superintendent of Education - Cum - District Programme Coordinator, Bihar Education Project, Siwan, District - Siwan ( Bihar )

4. In-charge Officer, Public Grievances Cell, Siwan District - Siwan (Bihar)

5. The Anchal Adhikari, Block Basantpur, District - Siwan ( Bihar )

6. The Block Education Officer, Block - Basantpur, District Siwan ( Bihar )

7. Shirikant Giri S/O Late Jhulan Deo Giri R/O Village - Rajapur ( Malahi Tola ), P.S. Basantpur, District - Siwan ( Bihar ) .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Singh, Adv. For the Respondent/s : Mr. Kaushal Kr. Jha SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 06-12-2017 Heard learned counsel for the petitioner as well as learned counsel appearing for the State.

Patna High Court C. REV. No.250 of 2011 (5) dt.06-12-2017 2/3 This review petition has been preferred against the order dated 01.04.2011 passed in C.W.J.C. No. 16256 of 2010 and the grievance of the petitioner is that one interlocutory application bearing I.A. No. 1584 of 2011 was filed on behalf of the petitioner seeking impleadment in C.W.J.C. No. 16256 of 2010 but without passing any order on I.A. No. 1584 of 2011, this Court passed the impugned order dated 01.04.2011 behind his back.

Learned counsel appearing for the petitioner submits that as a matter of fact, a school is being run by the petitioner and others on the lands donated to the State Government by one Mahant Nagina Giri and subsequently, the same person adjacent to the previous land donated some land for running the aforesaid school but the writ petitioner by suppressing the aforesaid facts got direction of this court.

Having heard the contentions of the parties, we went through the impugned order. We find that this court had only observed that the land donated to the State Government should not be allowed to remain unutilized specially when an amount of about Rs. 1,50,000/- has already been spent over construction of the school. Therefore, we do not find any ground to interfere

Patna High Court C. REV. No.250 of 2011 (5) dt.06-12-2017 3/3 into the impugned order and accordingly, this review petition stands dismissed.

(Hemant Kumar Srivastava, J) (Rajeev Ranjan Prasad, J) SHAHZAD/- U