Bhubneshwar Mandal And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14938 of 2018 ====================================================== 1.

Bhubneshwar Mandal, Son of Sirekhan Mandal, resident of Village and Post- Bore, P.S.- Baheri, District- Darbhanga. 2.

Ganga Prasad Mandal, S/o Panchu Mandal, resident of Village and PostBore, P.S.- Baheri, District- Darbhanga. 3.

Lalit Kumar Singh, Son of Sri Krishna Mandal, resident of Village and PostBore, P.S.- Baheri, District- Darbhanga. 4.

Jairam Mandal, Son of Late Kripal Mandal, resident of Village and PostBore, P.S.- Baheri, District- Darbhanga. 5.

Mamta Kumari, Wife of Sri Jhoti Mandal, resident of Village and PostBore, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Human Resources Development Department Bihar Patna 2.

Secretary, Human Resources Development Department, Bihar, Patna. 3.

Director, Primary Education, Bihar, Patna.

4.

District Magistrate, Samastipur.

5.

Sub-Divisional Magistrate, Rosera under District Samastipur. 6.

District Education Officer, Samastipur.

7.

District Programme Officer Primary Education RSMA Samastipur. 8.

Circle Officer Shivajee Nagar under District Samastipur. 9.

Block Education Officer Shivajee Nagar District Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate Mr. Raj Nandan Prasad, Amicus Curiae Mr. Abdul Wadood, Advocate Mr. Braj Kishore Singh, Advocate Mr. Bijay Kumar Pandey, Advocate For the Respondent/s :

Mr. Shashi Shekhar Tiwari, Advocate Mr. Rajendra Kumar Jain, Advocate Mr. Avinash, Advocate Mr. Arvind Kumar Pradhan, Advocate Mr. Kritya Nand Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

2/5 Date : 30-06-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

3/5 On 20th of January, 2021, we had passed the following order:- "The affidavit filed by the Principal Secretary, Education Department, Government of Bihar reflects that pursuant to the order dated 7.12.2020, the Chief Secretary, Government of Bihar convened meeting and thereafter the district administration got into action and unauthorized encroachments over the public land in question identified for construction of building of Primary School, Bore, stands removed. The total stretch of the land in question is approximately 26 decimals.

The affidavit further reflects that a sum of Rupees Sixteen Lacs stands sanctioned for fencing etc. vide letter dated 31.12.2020, as contained in Annexure A series to the counter affidavit. We expect that the process of fencing etc. shall be undertaken expeditiously.

We notice that the affidavit is conspicuously silent (a) with regard to the place where the school is functioning presently; (b) as to whether children are admitted in the school; and (c) as to whether the posting of teachers in prescribed number is maintained or not.

Importantly, Secretary, Education Department, Government of Bihar has highlighted the need and importance of implementing the provisions of Right to Free and

4/5 Compulsory Education Act, 2009. As such, we need not issue any direction to them, save and except, the authorities to take immediate measures for meeting out the deficiencies. From the affidavit filed by the respondent no. 1 it is apparent that a large number of persons, perhaps, including the applicants/interveners who seek intervention herein, had unauthorizedly occupied the land in question. Such encroachments now stand removed.

Learned counsel for the applicants/interveners state that as per Cadestral Survey and Revisional Survey records, the land in question is recorded as road/path and, as such, no construction can be raised thereupon.

We are sure that all formalities will be completed by the authorities concerned in correcting the revenue records. If the site identified for the construction of school building is found most suitable and convenient, there should be no difficulty in re-alignment of the road.

Learned counsel for the applicants/interveners state that they shall file affidavit indicating that they will not occupy/encroach any public land. Also, they shall offer/donate the land if the authorities change the situs of the school. It is always open for the authorities to change the site but then, such action would not preclude the authorities in fencing the land, already notified, and sanctioning budget for construction of school building.

List on 28.1.2021."

We find that with the passage of time, more so allocation of funds for construction of the school building and the boundary wall, the present petition has outlived its purpose.

5/5 As such, we close the present proceedings reserving liberty to the petitioner or any other public spirited person to highlight the grievances, if any, before the competent authority, should the need so arise subsequently.

We are hopeful that as and when any such grievances are brought to the notice of the competent authority, and more so District Magistrate, Samastipur, the same shall be addressed with promptitude.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

The present petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) Amrendra/PKP (S. Kumar, J) AFR/NAFR CAV DATE Uploading Date 04.07.2022 Transmission Date