IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8607 of 2009 ***** Shekh Amirullah, son of Late Shekh Abdul Ganim, resident of Mauza Mansingha, Tola Laxmipur, P.S. Sugauli, District East Champaran. …. …. Petitioner Versus 1. The State of Bihar. 2. District Magistrate, East Champaran, Motihari. 3. District Superintendent of Education-cum-District Programme Convener, East Champaran, Motihari. 4. Block Education Extension Officer, Sugauli, District- East Champaran, Motihari. 5. Block Development Officer, Sugauli, District- East Champaran, Motihari. 6. Mukhiya of the Grampanchayat South Mansidha, Sugauli, District- East Champaran, Motihari. …. …. Respondents ----------- For the petitioner : Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr. Deepak Kumar, Advocate For the State : Mr. Sanjay Kumar, Government Pleader-VIII ----------- 2. 28.7.2009. Heard learned counsel for the petitioner and learned counsel for the State. The reason for filing the present writ application is that a school building which was duly approved by the Panchayat in its meeting dated 25.5.2009 to be constructed on a piece and parcel of land donated by the petitioner and is known as Navsrijit Primary School, Laxmipur Nayatola is sought to be illegally shifted to a new location and certain effort is also on by one Bagar Sahani to get it built at his land. Submission of learned counsel for the petitioner is that when a decision has been taken by the Gram Panchayat in this regard for which necessary power vests in them under Section 47(14) then in absence of any decision by the Panchayat to the contrary no person can be allowed to shift or construct the building in question at any other location. - 2 - Petitioner bas brought a communication dated 18.7.2009, which is a letter No.295 written by one Dheera Verma, Block Education Officer, Sugauli to District Superintendent of Education-cum-District Programme Convener, Bihar Shiksha Pariyojna, this issue seems to have been raised therein. It is evident from paragraph (vi) and (vii) thereof. In other words the respondent authorities are aware of the dispute. This Court is of the considered opinion that the matter requires to be looked into by the local authorities i.e. the District Superintendent of Education, who shall get the facts verified and resolve the issue preferably within a period of eight weeks from the date of communication/production of a copy of this order. This writ application stands disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)