Regional College Of Education Itwan Karjara v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4977 of 2016 ===========================================================
1. Regional College of Education Itwan (Karjara) P.O. Kharhari, Tehsil Wazirganj District Gaya through its Secretary namely Rajesh Ranjan Sahay son of Girish Lal, Resident of 'Shanti Villa' Mohalla- Bahuar Chaura Police Station Civil Lines, District Gaya .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna
2. The National Council for Teacher's Education through it's the Secretary Hans Bhawan Wings I Bahadur Shah Zafar Marg, New Delhi
3. The Regional Director, Eastern Regional Committee, National Council for Teacher's Education, 15, Neella Kantha Nagar Naya Palli, Bhubaneshwar
4. The District Magistrate, Gaya
5. The Sub-Divisional Officer, Sadar Gaya .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Respondent/s : Mr. K.K. JHA- AAG14 For the N.C.T.E. : Mr. S. N. Pathak. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-08-2016 Since in the State of Bihar certification and other inputs and information is given at the level of the Circle Officer in relation to land since he is the revenue authority at that level, the insistence on the part of the National Council of Teachers Education to bring certification from the Sub-divisional Magistrate, who is only saddled with the authority of law and order, cannot be insisted upon.
2. The petitioner has already provided the necessary certificate from the Circle Officer of the Circle concerned. The same should suffice. The respondent must act upon the said certification
Patna High Court CWJC No.4977 of 2016 dt.04-08-2016 and take a decision. The very insistence on the certification of the land by the Sub-divisional Magistrate is un-called for and unwarranted.
This writ application stands allowed in terms of the above.
(Ajay Kumar Tripathi, J) Amin/- U