Vidya Nand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13227 of 2014 =========================================================== Vidya Nand Singh, Son of Late Muni Lal Singh, Resident of Village- Jaishinpur Manganua, P.S- Turkaulia, Distt- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Ministry of Human Resources Department.

2. The District Magistrate, Motihari East Champaran.

3. The District Programme Officer, Motihari, East Champaran.

4. The District Education Officer, Motihari East Champaran.

5. The Block Education Officer Turkaulia, East Champaran.

6. The Circle Officer, Turkaulia East Champaran.

7. The Technical Supervisor, Turkaulia, East Champaran

8. The Head Master Newly Created Primary School Manganua, Jaishingpur (South), Turkaulia, East Champaran.

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Partha Sarthi (GA-11) Mr. Utsav Kumar, A.C. to G. A.-11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-05-2015 This writ petition is filed with a prayer to direct the respondents herein, to construct the school under Sarb Sikhsa Abhiyan at Manganua, Jaishingpur of Motihari District. It is stated that though land was allotted for the purpose of the school, several encroachments have taken place, and despite repeated representations, the respondents, in particular, the District Programme Officer and the District Magistrate, Motihari did not take any step for removal.

After receiving notice in the writ petition, the District

Patna High Court CWJC No.13227 of 2014 dt.13-05-2015 2/2 Programme Officer and the District Magistrate, Motihari filed counter affidavit stating that quite large number of encroachments have taken place in the land by persons belonging to the weaker sections, and they are unable to remove the encroachments. On noticing the same, this Court directed the appearance of both the officers through order dated 11.05.2015.

Today both the officers have appeared and they filed counter affidavit. It is stated that the encroachments have been removed on 01.05.2015, the land was handed over to the department, and that construction has also been commenced. In view of this, nothing remains to be decided in this writ petition. Accordingly, the writ petition is closed. Interlocutory application, if any, shall stand disposed of. There shall be no order as to costs.

(L. Narasimha Reddy, CJ) (Sudhir Singh, J) Sunil/- U