IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 1176 of 2010 Surendra Yadav, son of Shri Phulena Yadav, resident of village – Badgaon, Post Office – Mairwa Badgaon, Police Station – Mairwa, District – Siwan, Bihar - Petitioner Versus 1 State of Bihar 2 Sri Balamurgandi, District Magistrate, Siwan, Bihar - Contemnor/Opposite Parties ----------- 2 13.05.2010 By order dated 08.02.2010 passed in CWJC No 469 of 2010, this Court had directed the District Magistrate –cum- Collector, Siwan to verify the facts and if it is found that the resolution has been passed by the Gram Panchayat and land is being donated in pursuant thereto then he would pass necessary order exempting the deed of conveyance from imposition of taxes and duties as provided by the Government by its Circular in this regard. The Collector was directed to take a decision within two weeks. The dispute related to construction of a Primary School in the Gram Panchayat. As the Collector did not take any decision within the time stipulated, the present contempt application was filed. During pendency of the contempt application, Collector has taken the decision which the learned counsel for the petitioner submits is an erroneous decision on wrong facts only to overreach this Court. He submits that Collector refers to a decision of the Gram Panchayat taken in 2003. He submits that is not relevant as the scheme came only recently and before the work could restart, the present Gram Panchayat has taken a fresh decision in the matter which fact has not at all been considered rather ignored. It was then contended that the moment land donated by petitioner is accepted then that land becomes Government land and if that 2 be so then there is no inhibition in constructing the School. This again has been ignored by the Collector. He then submits that the site where the School is being constructed is two kilometres away from the village and it is a Primary School. That would defeat the very object of the School as the Government decision is otherwise. A School has to be constructed within two kilometres of the village. It was then submitted that Collector has ignored the report of other authority which points out that there is a high tension wire over the plot where the School is being constructed and it is in the vicinity of religious place which would disturb the School. In my view, the Collector having passed an order, if petitioner has any grievance then the remedy of the petitioner is to challenge that order but surely the contempt application cannot be proceeded with. The petitioner is granted opportunity to file an application to challenge the proceedings as taken. These proceedings are dropped. M.E.H./ (Navaniti Prasad Singh)