WP(C) 790/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. B. Sinha, learned counsel for the petitioners. Also heard Dr B . Ahmed, learned counsel appearing for the respondents No.9 and 10 and Mr. MK Mi sra, learned Standing counsel, Education Department who appears and accepts noti ce on behalf of respondents No.1,2,3 and 4. The matter in dispute as agitated in this writ petition is rela ting to the construction of additional class room of the 321 No. Puranaku LP Sch ool situated at Chandpur Pat-1 village in the District of Cachar. The aforesaid school is situated at a plot of land donated by one Raj Moni Das. The school was constructed by the Managing Committee. With the efflux of time there was requir ement for construction of additional class room and for want of appropriate la nd for the school, the Managing committee, respondent Nos. 9 and 10 started cons truction at a place which stated to be 1 and ‰ K.M. away from the school. Feelin g aggrieved due to the aforesaid proposal for construction of the additional sch ool building at a place other then the existing school is situated and on the complaint of the petitioner and others, the District authority stayed such cons truction directing the parties to maintain the status quo. At this stage the pre sent writ petition has been filed wherein action of the respondent Nos.9 and 10 has been challenged for constructing additional school building at a place which is 1 and ‰ KM away from the original school. This court vide order dated 27.2.0 9 status quo order passed by the Addl. District Magistrate, Cachar on 19.2.09 wa s directed to be continue. In the meantime, the matter was deliberated before t he court after appearance of the parties and on 29.5.09, the respondent Nos. 9 a nd 10 agreed that in the event if any land is donated to cover the construction of the additional school contiguous to the existing school such construction of the additional school building would be made. Mr. Sinha, learned counsel for the petitioner also submitted tha t on that date the petitioners were willing to donate the same land for the pur pose of such construction. To-day Mr. Sinha has produced before the court a cert ified copy of the Gift. Deed No. 1063 dated 12.6.09 which discloses that an area of land measuring 13 Kathas covered by Dag No. 62,63 and 123 and 2nd RS Patta N o. 56 and 59 situated at Mouza-Chandpur Part-1, Porgona-Jatrapur has been donat ed in favour of the State of Assam represented by the Block Elementary Educatio n Officer, Cachar, Cachar Block, District Cachar. In the aforesaid Sale Deed ref erence of the present writ petition i.e. WP ( C) No. 790/09 has also been made. The assurance of the petitioner to donate the land has also been reflected in the order dated 29.5.09. From the aforesaid documents I am satisfied that the la nd described above has been donated in favour of the State of Assam represented by the Block Elementary Education Officer, Salchapra Block and possession has al so been delivered in favour of the donee and the said Gift Dee was made for the purpose of construction of additional school building over the donated land. Dr Ahmed, learned counsel appearing for the respondents No. 9 an d 10 submits that in view of the said donation of certain additional land by th e petitioners, the additional class room of the school as proposed would be cons tructed over the land and would not be constructed in the place where it was st arted. Learned Standing counsel, Education Department has also approved the afor esaid action undertaken by the parties and the learned Standing counsel also sig nifies the willingness of the State respondents to construct the additional sch ool building over the donated contiguous building. In view of the above observation and as agreed by the parties, t his writ petition is finally closed with the direction that the additional schoo l building/class room of the aforesaid school be constructed over the donated la nd. The copy of the Sale Deed in question submitted by Mr. Sinha, le arned counsel for the petitioner be brought on record. The interim order passed earlier stands merged with this order. This disposes of the writ petition.