IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.286 of 2005 DEEN BANDHU PRASAD Versus THE STATE OF BIHAR & ORS ----------- 3 12.09.2008 Heard learned counsel for the petitioner and the State. The petitioner claims to have donated certain lands to the State Government for establishment of a Primary School in village Phenhara at Motihari in the District of East Champaran within the Phenhara Panchayat by executing a deed in the name of Governor of Bihar in accordance with law on 23.07.2004. Earlier, there was a school running in the village in a room with no scope for its expansion. The villagers along with the school authorities, therefore, filed a petition before the District Education Officer for shifting the school to the lands donated by the petitioner where it could have been built in a proper manner to facilitate dispensation of education to the children in the village. To the extent that the issue of location of school is concerned, there shall be no occasion for the High Court to interfere. These are purely administrative matters. If the earlier school had inadequate space, a citizen had donated for establishment of the school, what remained thereafter, was purely an administrative decision. Counter affidavit has been filed on behalf of the respondents-State, the District Education Officer respondent no. 4, East Champaran. It reveals a very sorry state of affairs. Paragraph 5 acknowledges that the existing school was located in the single room. - 2 - The petitioner had donated lands and it was in the interest of the students and the residents of the village that a new school should be constructed. Unfortunately, the Mukhia desired restructuring and expansion of the old school. The matter then came to a stand still and remain so till today. The writ application has been filed in the year 2005. The Counter Affidavit has been filed on 15.04.2008 which demonstrates that for over three years no decision has been taken by the State authorities. The result is that the High Court is now asked to decide where the school should be located. It was for the authorities to discharge their obligations. Perhaps those who administer do not appreciate the kind of damage that they are doing to the fabric of the State and to the next generation of citizens, in controversies like the present. The Court, is disheartened, but only expresses the hope that those who administer shall wake up to their duties. The writ application is disposed of. Kundan (Navin Sinha, J.)