Patna High CourtCWJC/10664/2013dismissed

Madusudan Prasad Sharma v. The State Of Bihar And ORS

2016-02-11Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10664 of 2013 ======================================================

1. Madusudan Prasad Sharma Son Of Late Mahabir Mandal Resident Of Ajmeripur, P.S. Nathnagar, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Department, Govt. Of Bihar, Patna

3. District Magistrate, Bhagalpur

4. District Superintendent Officer, Bhagalpur

5. District Education Officer, Bhagalpur

6. Block Development Officer, Bhagalpur

7. District Programme Officer, Sarva Siksha Abhiyan, Bhagalpur

8. District Programme Officer ( Establishment ) Nathnagar, Bhagalpur

9. Anchal Adhikari, Nath Nagar, Bhagalpur

10. Dropati Devi W/O Uma Kant Sharm R/O Ajmeripur, P.S. Nathnagar, District - Bhagalpur

11. Sri Sudarsan Maandal S/O Late Santlal Mandal R/O Ajmeripur, P.S. Nathnagar, District - Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. P.N. Sahi For the Respondent/s : Mr. Girijesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and the respondents.

The petitioner claims that the government should construct the school on the land donated to the State Government by late Lalji Mandal whereas the respondents claim that the land was donated for such construction by some other persons. The matter was carried to this Court in CWJC No. 1407 of 2012. The writ petition was disposed of directing the District Education

Patna High Court CWJC No.10664 of 2013 (2) dt.11-02-2016 2/2 Officer and other authorities of district level to examine the same. In the counter affidavit of respondent nos. 5 to 8, the office order passed by the District Programme Officer has been enclosed. The plot was selected by the administration for the reason disclosed therein.

In the writ jurisdiction the court cannot decide the location of the school. It is for the district administration to consider and decide the same which appears to have been done. The application deserves to be dismissed.

I order accordingly.

(Kishore Kumar Mandal, J) singh/- U