Patna High CourtCWJC/16384/2013dismissed

Farooque Azam v. The State Of Bihar And ORS

2016-04-01Mr. Justice Kishore K. Mandal2 pages

Patna High Court CWJC No.16384 of 2013 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16384 of 2013 ======================================================

1. Farooque Azam S/O Md. Sharif Ansari Resident Of Village- Dudhahi, P.O+ P.S- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, East Champaran.

3. The S.D.O. Areraj, District- East Champaran.

4. The Anchal Adhikari, Harsidhi, District- East Champaran.

5. The Block Development Officer, Harsidhi, District- East Champaran.

6. The District Education Officer- Cum- District Programme Co- Ordinator, District- East Champaran.

7. The District Programme Officer, Sarv Siksha Abhiyan, East Champaran, Motihari.

8. The Block Education Officer- Cum- Block Co- Ordinator, Harsidhi, District- East Champaran.

9. The Mukhiya, Panchayat Raj- Yadavpur, Block- Harsidhi, District- East Champaran.

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

For the Petitioner/s : Mr. Shri Prakash Srivastava For the Respondent/s : Mr. Rajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-04-2016 Heard both sides.

Where the building of the school shall be constructed is purely an administrative/executive decision of the State respondents. Until a legal vested right of the petitioner is infringed the Court does not interfere in such matter.

It is submitted that school was to be constructed at the tola of Md. Sharif Ansari, in the Yadavpur Panchayat but it has been shifted. What is the personal injury caused to the petitioner

Patna High Court CWJC No.16384 of 2013 (2) dt.01-04-2016 has, however, not been disclosed . The counsel admits that the application is in the shape of a Public Interest Litigation. Be that as it may, considering the issue raised in this application, I am not persuaded to invoke the writ jurisdiction of the Court to grant the relief(s). The application is dismissed. Dismissal of this application shall, however, not preclude the petitioner from ventilating the grievance, if any, in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U