Munshi Giri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12150 of 2013 ====================================================== Munshi Giri Son Of Late Lalman Giri Resident Of Village Rukundipur Tole Bhikharipur, P.S. Daronda, District - Siwan .... .... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary Education Department, Bihar, Patna

2. The Director, Primary Education, Bihar, Patna

3. The District Magistrate, Siwan

4. The Superintendent of Police, Siwan

5. The District Education Officer, Siwan

6. The Sub-Divisional Officer, Maharajganj, Siwan

7. The Circle Officer, Daronda, District Siwan

8. The Block Education Officer, Daronda, Siwan

9. The Officer-In-Charge Daronda, District - Siwan

10. Head Mistress Smt. Prabhawati Kumari, New Primary School Bhikharipur, Daronda, District Siwan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the State Mr. Dhirendra Kumar AC to AAG 10 For the respondent no.10 Mr. S.K.Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-03-2016 No one appears on behalf of the petitioner.

Heard the counsel for the State.

A counter affidavit has been filed.

The writ application prays for the following relief(s) as culled out in paragraph 1:- "That this is an application for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction commanding the authorities concerned to construct new Primary School at Bhikharipur Tola of Rukundipur village, Block Doronda, Siwan in place of Phali Rai Ke

Patna High Court CWJC No.12150 of 2013 (2) dt.02-03-2016 2/2 Tola of Rukundipur village and for restraining the Head Mistress, Smt. Prabhawati Kumari, New Primary School, Bhikharipur, Respondent No.10 not to construct the said school at Phali Rai Ke Tola of Rukundipur village in disobedience of stay order dated 11.2.2012 issued by the Block Education Officer, Doronda, Siwan as contained in Annexure-1."

In the counter affidavit the respondent has placed relevant facts stating that under the resolution of he Gramsabha and after accepting the land donated by one of the villagers which is close to the present location of the school, the same was approved for construction of the school inasmuch as the building has been constructed upto the lintel level. No rejoinder to the counter affidavit has been filed by the petitioner.

Seen thus, this Court finds no merit in this writ application which is accordingly dismissed.

(Kishore Kumar Mandal, J) HR/- U