IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.292 of 2011 1. DHAULI DEVI W/O LATE RAMADHIN PASWAN R/O VILL.- KISHUNPUR, P.O. & P.S.- BIHTA, DISTT.- PATNA 2. KRISHNA PASWAN S/O LATE SHIV PASWAN R/O VILL.- HEMJAPUR, P.O. & P.S.- KHUSRUPUR, DISTT.- PATNA Petitioners / Appellants Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER CUM PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR NEW SECRETARIAT, BAILEY ROAD, PATNA 3. THE DEPUTY SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, NEW SECRETARIAT BAILEY ROAD, PATNA 4. THE DIRECTOR, SECONDARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 5. UNION OF INDIA, THROUGH THE CHAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI 6. THE CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI 7. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, EDUCATION CENTRE, 2 COMMUNITY CENTRE, NEW DELHI 110092 8. THE PATNA MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER, BUDH MARG, PATNA-1 9. THE COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA-1 10. DAYANAND ANGLO VEDIC COLLEGE TRUST AND MANAGEMENT SOCIETY THROUGH ITS REGIONAL DIRECTOR-II (ADMINISTRATIVE ASPECTS), REGIONAL DIRECTORATE, NORTH BIHAR ZONE ARYA SAMAJ MANDIR, NEW BAILEY ROAD, DANAPUR PATNA 801503 11. DR. R.K.CHAUHAN, REGIONAL DIRECTOR-II (ADMINISTRATIVE ASPECTS OF THE SCHOOL), REGIONAL DIRECTORATE, D.A.V. PUBLIC SCHOOLS NORTH BIHAR ZONE ARYA SAMAJ MANDIR, NEW BAILEY ROAD, DANAPUR, PATNA 801503 2 12. THE PRINCIPAL, DR. G.L.DUTTA D.A.V. PUBLIC SCHOOL KANKARBAGH, MOURYA VIHAR COLONY, TRANSPORT NAGAR, PATNA ….. Respondents / Respondents ----------- 3 19.05.2011 Heard learned counsel for the appellants and learned counsel for the State. The order under appeal has been criticised and assailed on the ground that the writ Court mis- took the writ petition to be directed against mutation order passed in revision against the appellant but in fact a separate writ petition is pending in respect of mutation and the present writ petition was for claiming an opportunity of hearing in favour of the appellants before the authorities of the Education Department, Govt. of Bihar, and the authorities of Central Board of Secondary Education in the matter of grant recognition in favour of the private respondents representing D.A.V. Public School, Kankarbagh. After hearing learned counsel for the appellants, we find that the appellants have claimed a right only in a particular land which is also claimed by the private respondents. The dispute over lands does 3 not clothe the appellant with any right of hearing in the matter relating to recognition of the respondent school, at least till the claim of the appellants in respect of a particular land is finally decided in their favour. It goes without saying that the grant of recognition to the school in question will not be relevant for deciding the dispute over the land concerned. In that view of the matter, we find no good reasons to interfere in the matter. The appeal is disposed of. Spd/- (Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan, J.)