Shrawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1054 of 2023 ====================================================== Shrawan Kumar Singh, son of Guru Dyal Singh, Resident of Village- Mau Mirzapur, P.S.- Vidyapatinagar, District- Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Addl. Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Higher Education Federation Department, Govt. of Bihar, Patna.

4.

The Director-Cum- Secretary, Bihar State Sports Authority, Patna. 5.

The Regional Director, Education Department, Darbhanga. 6.

The Principal Secretary, Department of Youth Affairs and Sports, Government of Bihar, Patna.

7.

The Secretary, Arts Culture and Youth Affairs, Govt. of Bihar, Patna. 8.

The Director, Directorate of Youth Welfare and Sports of Bihar, Patna. 9.

The District Magistrate, Samastipur.

10.

The District Education Officer, Samastipur.

11.

The District Sports Officer, Samastipur.

12.

The Deputy Superintendent of Physical Education, Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the State :

Mr. Apurva Kumar, AC to GA-12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 07-02-2023

Patna High Court CWJC No.1054 of 2023 dt.07-02-2023 2/3 Following is the relief that the petitioner is seeking in the present writ application filed under Article 226 of the Constitution of India: - "(a) For not constructing Adarsh Eklavya Residential Hostel on Khata Nos. 209.350, 1285, 23, 258/2, 1679, 51, 1089 Khesra Nos.

393, 442, 394, 1216, 440, 285, 282, 399, 600, 289, 284 and 288, Area 9 Bighas, 6 kathas, 02 Dhoors, Mauza-Mau Dhaneshpur, Thana No. 84, Jamabandi No. 85.

(b) For directing the respondents to use the land in question as per will of donor.

(c) For directing the respondents to act as per deed executed by donor of the land in question."

The land is said to have been donated by the grandfather of the petitioner. It is the petitioner's case that the donation was made for construction of a school building as per the deed, whereas a residential hostel is proposed to be constructed.

In our considered opinion, this Public Interest Litigation, seeking the nature of the relief, as noted above, in the background of facts pleaded in the writ application is completely misconceived and is accordingly dismissed. The petitioner shall, however, be at liberty to

Patna High Court CWJC No.1054 of 2023 dt.07-02-2023 3/3 approach appropriate forum in accordance with law for redressal of his grievance.

(Chakradhari Sharan Singh, ACJ) (Partha Sarthy, J) Avinash/Prakash AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.02.2023 Transmission Date N/A