IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16256 of 2010 SHIRI KANT GIRI S/O LATE JHULAN DEO GIRI R/O VILL.- RAJAPUR (MALAHI TOLA), P.S.- BASANTPUR, DISTT.- SIWAN (BIHAR). …….Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR SIWAN, DISTT.- SIWAN (BIHAR) 3. THE DISTRICT SUPERINTENDENT OF EDUCATION- CUM-DISTRICT PROGRAMME COORDINATOR BIHAR EDUCATION PROJECT, SIWAN, DISTT.- SIWAN (BIHAR) 4. IN-CHARGE OFFICER PUBLIC GRIEVANCES CELL, SIWAN, DISTT.- SIWAN (BIHAR) 5. THE ANCHAL ADHIKARI BLOCK- BASANTPUR, DISTT.- SIWAN (BIHAR) 6. THE BLOCK EDUCATION OFFICER, BLOCK- BASANTPUR, DISTT.- SIWAN (BIHAR). …..Respondents. ----------- For the petitioner : 1. Mr. Raju Giri, Advocate. 2. Mr. Santosh Kumari Mishra, Advocate. For the State : 1. Kaushal Kumar Jha, SC-4 2. Krishna Chandra Jha, A.C. to S.C.- 4 ----------- 11 01.04.2011 Heard the parties. 2. This writ petition has been preferred by way of Public Interest Litigation seeking direction upon the respondent authorities to construct a Primary School in Gram Panchayat, Rajapur (Malahi Tola), Anchal- Basantpur, District-Siwan on the land bearing Khata No.168, Survey No.735, Area 5 Kathas which has 2 been already donated to the State of Bihar in the year 1978 by a registered deed dated 18-3-1978 by Mahand Nagina Giri for the purpose of construction of school. 3. It was highlighted before us on behalf of petitioner that the village Rajapur (Malahi Tola) does not have any Primary School, although population is about five thousand and consists of majority of people who are downtrodden. In view of further statement on behalf of the petitioner that the site was earlier found suitable by the District Magistrate, Siwan for construction of Government Primary School and about one lac fifty thousand has been spent already and thereafter construction was stopped on account of lack of required recommendation from the Gram Panchayat, this Court directed by order dated 15.12.2010, that all the authorities should cooperate with each other so that the village may have a Government Primary School, specially when land has been made available by donation and the site was found suitable and public money has been invested to 3 the extent noticed above. 4. According to the materials available on record the Gram Panchayat was required to make a recommendation in the matter and for that purpose a meeting of the Gram Sabha was held on 21.7.2011. The minutes contained in Annexure-B to the supplementary counter affidavit filed on behalf of the respondent no.3, the District Superintendent of Education, Siwan discloses that three sites including the site in question where construction had began were considered by the Gram Panchayat and after discussion and debate the Gram Panchayat could not come to any decision as to which is the most appropriate site for construction of the Government Primary School. 5. Faced with the aforesaid situation, this Court is called upon to decide the prayer of the writ petition in larger public interest. Having considered all the facts and circumstances and the need of the people of the concerned village to have a Government Primary School, we are of the considered view that the free 4 land made available to the State of Bihar by way of donation should not be allowed to remain unutilized specially when an amount of about rupees one lac fifty thousand has already been spent over construction of the school on account of site being found suitable by the District Magistrate, Siwan in the past. Hence, on proper consideration of all material including the decision of Gram Panchayat which reflects a stalemate, we direct the concerned authorities to complete the construction of the Government Primary School in the concerned village over the land in question where amount of rupees one lac fifty thousand has already been spent. 6. The writ petition stands allowed accordingly. PN (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)