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Patna High CourtCWJC/10921/2015disposed

Shree Lakshmi High School And ANR v. The State Of Bihar And ORS

2023-04-10Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10921 of 2015 ====================================================== 1.

Shree Lakshmi High School, Sitamarhi, P.S.+District-Sitamarhi through its Headmaster Sri Sarvjeet 2.

Sarvjeet, Son of Shree Haribansh Singh, presently posted as the Headmaste, Shree Lakshmi High School ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education, Government of Bihar, Patna 2.

Director, Higher Education, Human Resources Development Department, Government of Bihar, Patna.

3.

University Grant Commission, New Delhi through its Chairman. 4.

Bhim Rao Ambedkar Bihar University, Muzaffarpur through its Registrar. 5.

Vice-Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur. 6.

District Magistrate, Sitamarhi 7.

Sub-Divisional Officer, Sadar, Sitamarhi 8.

Superintendent of Police, Sitamarhi 9.

District Education Officer, Sitamarhi 10.

S.L.K. College, Sitamarhi through its Principal- Sri Surendra Prasad Singh. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Mishra,Sr.Adv.

Ms.Swati Mishra,Adv.

For the Respondent/s :

Mr.GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2023 In pursuance to the order dated 14.12.1987, passed by the Hon'ble Apex Court in Civil Appeal No.3993 of 1987 (Lakshmi Kishori College vs. Lakshmi Narain & Ors.), leading to passing of an order dated 27.03.2023, by this Court in the present case, the authorities of the

Patna High Court CWJC No.10921 of 2015(3) dt.10-04-2023 2/3 State Government as also the petitioners herein and the respondent no.10 herein have amicably settled the matter in the following terms:- • The Education Department will release the estimated amount that will be incurred in construction of the building over the land, allotted to the college in question, after preparing estimate and approving the same, which will be released within 6 months.

• The required building of the college will be constructed over the aforesaid land within two years and the college in question will be shifted in the new building.

• Till the time the college is not shifted in its building, the Principal of the college in question will ensure that there is no hindrance in the studies and the examination process as also in the functioning of the school in question.

• In view of the above, the Principal of both the institution will withdraw the respective cases filed by them on the issue in question, before any Court including the Hon'ble Patna High Court and since both the institutions are under the State Government, in case any

Patna High Court CWJC No.10921 of 2015(3) dt.10-04-2023 3/3 dispute arises in between them, the same shall be resolved at the administrative level.

A copy of the minutes of meeting dated 07.04.2023, has been annexed as Annexure-A to the counter affidavit filed by the respondent-State, which is directed to be treated as a part of the present order.

In view of the aforesaid, the learned counsel for the petitioners does not wish to press the present writ petition, however, this Court deems it fit and proper to grant liberty to the petitioners to take recourse to the Contempt Jurisdiction of this Court, in case of non-compliance of any part of the aforesaid compromise, effected in between the parties.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/S.SbU