Patna High CourtCWJC/3342/2014disposed

Brajesh Kumar @ Brajesh Kumar Rai v. The State Of Bihar And ORS

2016-09-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3342 of 2014 ====================================================== Brajesh Kumar @ Brajesh Kumar Rai S/O Shiv Balak Rai R/O VillageParohi, P.S.- Kathaiya, Block- Motipur, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Human Resource Development, Bihar, Patna

3. The Director, Primary Education, Department Of Human Resources Development, Bihar, Patna

4. The Secretary, Deptt. Of Revenue and Land Reforms Bihar, Patna

5. The Collector cum Chairman, Bihar Education Project, Muzaffarpur

6. The District Education Officer, Muzaffarpur

7. The District Programme Officer, Primary Education and Education for all, Bihar Education Project, Muzaffarpur

8. The Headmaster New Primary School, Near Parohi Mai Asthan, Motipur, Muzaffarpur

9. The Accountant General, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Manoj For Accountant General Smt. Nivedita Nirvikar For the Bihar Education Project Mr. Girijesh Kumar For the intervenor-Respondent Mr. Yugal Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-09-2016 Where the school building shall be constructed is the issue raised in this writ application.

According to the petitioner, the school building in question ought to have been constructed on the government land, but the same is being constructed on the land donated by the intervenor-respondent. Such issue, I am afraid, can be considered by the Writ Court in exercise of its extraordinary and

Patna High Court CWJC No.3342 of 2014 (2) dt.06-09-2016 2/2 discretionary writ jurisdiction. Indisputably, no personal injury is caused to the writ petitioner. The Court in these factual background declines any interference. The petitioner would be at liberty to ventilate his grievance before the appropriate authority/forum in accordance with law.

The writ application as well as the interlocutory application stand disposed of.

(Kishore Kumar Mandal, J) HR/- U