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Patna High CourtCWJC/23237/2019disposed

Tarkeshwar Singh, v. The State Of Bihar

2019-11-25The Chief Justice -3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23237 of 2019 ====================================================== Tarkeshwar Singh, S/o Jagdish Singh, R/o Village-Bhikhampur, PostBhikhampur, P.S.-Bhagwanpur Hat, District-Siwan, Bihar-841408. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Human Resource Department, Government of Bihar, Patna.

3.

The Director, Higher Secondary, Government of Bihar, Patna. 4.

The Divisional Commissioner, Tirhut at Muzaffarpur. 5.

The District Magistrate, Siwan.

6.

The District Programme Officer, Siwan.

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

For the Petitioner/s :

Mr.Rananjay Kumar, Advocate For the Respondent/s :

Smt. Shilpa Singh (GA-12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs:- "I. For restraining the respondent authorities to upgrade the Middle School, Bhishmpur Chaurasi, situated in Bhagwanpur Hatt Block, in district of Siwan, to High School, on the land on which the school is running, as the total area of the land is only 10 kattha, which is not appropriate for upgrading to High School.

II. For directing and commanding the respondent

Patna High Court CWJC No.23237 of 2019(2) dt.25-11-2019 2/3 authorities to upgrade the Middle School Bhishmpur, Chaurasia situate in Block- Bhagawanpur Hatt, in the District of Siwan to High School, pursuant to proposal issued by the Education Department, as the Primary School Bhishmpur, Chaurasia fulfils all the requisite criteria for up gradation from primary school to High School, on the Government land bearing Tauzi No. 2347, old Khesra No. 2438, New Khesra No. 2737, Old Khata No. 11, New Khesra No.

711, total area bearing 33 Kattha and 16 dhur, which fulfils the mandatory condition for establishment of High School, and the land has been donated by the local people in the name of Governor Government of Bihar, Patna for establishment of school, more over there is no any High School in the limits of local area, and the students (especially for female child) of local area have to cover a distance of more than 8 to 10 Kms for high school and the female as well as male child has to cover a distinct distance for attaining higher education and there are recommendations of different competent authorities and recommendation of the elected representative of the people in this regard."

Learned counsel for the petitioner states that the writpetitioner shall approach the respondent-authorities highlighting the grievances made in the present petition. This, he states, shall be positively done within a period of four weeks.

Patna High Court CWJC No.23237 of 2019(2) dt.25-11-2019 3/3 receipt of such representation, appropriate action shall positively be taken within a period of three months thereafter. The writ petition is accordingly disposed of reserving liberty to the petitioner to approach the Court, if the need so arises.

(Sanjay Karol, CJ) (Dinesh Kumar Singh, J) P.K.P./- U