Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18919 of 2021 ====================================================== Rajesh Kumar, son of Sita Ram Rai resident of Village and P.O.- Muktapur, Police Station- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary Social Welfare Department, Govt. of Bihar, Patna.

2.

The Secretary, Backward Class and Extremely Backward Class Welfare Department, Govt. of Bihar, Patna.

3.

The Secretary, Education Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Samastipur.

5.

The District Welfare Officer, Samastipur.

6.

The District Education Officer, Samastipur.

7.

The Block Education Officer, Kalyanpur Block, District- Samastipur. 8.

The Circle Officer, Kalyanpur Anchal, District- Samastipur. 9.

Sri Sundar High School, Muktapur through its Head Master, Muktapur, Police Station- Kalyanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Respondent/s :

Ms. Abhanjali, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 16-11-2021 Heard learned counsel for the petitioner and learned counsel for the respondents Petitioner has invoked the writ jurisdiction of this Court by way of a Public Interest Litigation seeking direction not to construct hostel for Extremely Backward Classes in the play

Patna High Court CWJC No.18919 of 2021 dt.16-11-2021 2/2 ground of Sri Sundar High School, Muktapur, Block-Kalyanpur in the district of Samastipur. According to him, this would be against the interest of the students of the school as well as the public at large as this is the only play ground for children of the school/village. According to him, there are certain pieces of land in the village which have been encroached by some unauthorized persons. The district administration can get the same vacated and construct the hostel on the same.

Finding some substance in the submissions, we dispose of this writ petition with a direction to the District Magistrate, Samastipur to look into the matter and take a decision within a fixed time-frame and in any case not later than one month. In case any other representation is pending before him in this regard, the same shall also be disposed of. He shall be at liberty to form a Committee and seek a report before passing the order. (Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 22.11.2021 Transmission Date