Dhan Raj Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11570 of 2014 ====================================================== Dhan Raj Singh, S/o Late Ram Jeet Singh, R/o Village Khem Matihaniya, P.S. - Bishambhar Pur, Dist. - Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.

2. The Principle Secretary, Department of Education, Govt. of Bihar, Patna.

3. The District Magistrate, Gopalganj.

4. The S.D.M. Gopalganj.

5. The District Education Officer, Gopalganj.

6. The Circle Officer, Kuchaikot, Gopalganj.

7. The Block Education Extension Officer, Kuchaikot, Gopalganj.

8. The Principle , Bishambharpur Madhyamik Vidyalaya, Gopalganj.

9. The Secretary, Sikchha-Samiti, Bishambharpur Madhyamik Vidyalaya, Kuchaikot, Gopalganj.

10. The Chairman, Sikchha Samiti, Bishambharpur Madhyamik Vidyalaya, Kuchaikot, Gopalganj.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shubhesh Pandey, Adv. Mr. Harendra Prasad Singh, Adv.

For the Respondents : Mr. Ajay (G.A. 12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2015 This writ petition is filed as a Public Interest Litigation with a prayer to direct the respondents herein not to use the play ground of the Bishambharpur Madhyamik Vidyalya, Kuchaikot, Gopalganj for construction of additional class rooms. It is alleged that though adequate land is available at other sides, the respondents are proposing to construct the additional

Patna High Court CWJC No.11570 of 2014 (2) dt.07-01-2015 2/2 class rooms in the play ground.

Heard learned counsel for the petitioner and learned counsel for the respondents.

The record placed before us is not clear as to the exact area of the school premises that is being used as play ground.

Be that as it may, if the respondents propose to construct any additional class rooms, the steps must be taken to ensure that the play ground is left intact to the extent possible. It is only when there is no alternative left that the part of the play ground can be utilized for construction.

We, therefore, dispose of the writ petition with the above observation.

Interlocutory application, if any, stands disposed of.

There shall be no order as to costs.

(L. Narasimha Reddy,CJ) (Rajendra Kumar Mishra, J) Shail/K.C.jha U