IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12585 of 2009 KAPILESHWAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 6.10.2009 Heard learned counsel for the petitioner and the State. The relief sought in this application is for construction of the school building on the lands of the petitioner situated in village Bella Tole Naw toil under Panchayat Pirhi, Block- Babubarhi District- Madhubani. While it is the case of the petitioner that he has donated the lands by a registered deed, no such deed or document has been brought on record in the writ petition. There is no material on the record that the possession in pursuance of the gift deed has been taken by the State, and in pursuance of which funds have been released on 11.12.2007 for construction of the school building thereupon vide Anenxure-4. Location of premises where school may or may not be built are policy matters for the State to decide and there is no occasion for a writ Court to interfere unless there be allegations of arbitrariness and mala fide etc. If the petitioner has donated any lands to the State Government for purposes of a school by a registered deed and possession of the lands has been taken by the State Government in pursuance thereof and funds released for the purpose also, needless to state that it is one of the bounden duties of the State under the Directive principles of State policy under chapter 4 of the Constitution of India to ensure proper facility for 2 dissemination of education. In light of its constitutional obligation, if the factual foundation as discussed above exists, the respondents are bound to expeditiously proceed with the construction of the school building in accordance with law and lapsing of funds cannot be an excuse, unless the lands are unconditionally handed back to the petitioner by execution of an appropriate registered document forthwith. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)