Vijay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1700 of 2018 ====================================================== Vijay Kumar Singh Son of late Umesh Singh Resident of Village and P.O. Akhtiyarpur Patedha , P.S. Sarai, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary Primary Education , Government of Bihar, Patna. 3.

Collector, Vaishali at Hajipur.

4.

District Education Officer, Vaishali at Hajipur. 5.

The District Programme Officer Sarv Siksha Abhiyan, in the office of District Education office, Vaishali 6.

Circle Officer, Bhagwan Pur, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -AAG15 Mr. Shashi Shekhar Tiwary, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 30-04-2019 None appears on behalf of the petitioner.

On call, Mr. Shashi Shekhar Tiwary, learned Assisting Counsel to AAG 15 appears. In reference with supplementary counter affidavit filed under the supervision of the District Magistrate, Vaishali he informs that out of the actual area of the school which is 139.75 decimal, an area of 33 decimal was acquired for widening of the road, i.e. NH-77. In reference to the statement made in paragraph-9 of the affidavit in question he submits that the school is presently running over an area of 106.75

Patna High Court CWJC No.1700 of 2018 dt.30-04-2019 2/3 decimal while 9 decimal of the land of the school is under encroachment for which Encroachment Case No.01/2019 has been instituted. He further informs that there are six operational class rooms which are sufficient for educational activities and the administration proposes to make two additional rooms from the compensation that has been received by way of acquisition. It is assured that demolished portion would be constructed within the minimum possible time and construction of the class rooms shall be done within a year. Such is the statement made in paragraphs11 and 12 of the affidavit which also assures that reconstruction and removal of encroachment shall be done within a period of one year.

The writ petition was filed showing concern for the future of the school building which has been demolished on the reasons for widening of NH-77 linking between Hajipur and Muzaffarpur. It is in compliance of the direction issued by this Court that the District Magistrate, Vaishali has filed the affidavit reference of which has been made by Mr. Tiwary which shows satisfactory concern of the administration in restoring the position of the school by taking care of the demolished portion as well as the need of additional class rooms.

Patna High Court CWJC No.1700 of 2018 dt.30-04-2019 3/3 In such view of the matter, we do not think it necessary to keep the writ petition pending which is accordingly disposed of. (Jyoti Saran, J) ( Anjani Kumar Sharan, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07/05/2019 Transmission Date N.A.