IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5848 of 2010 1. DHRUV NARAYAN PASWAN S/O LATE JAGDISH PASWAN R/O VILL.- SAIDPUR, P.S.- HISUA, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSION/SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, BAILEY ROAD, PATNA 2. THE DISTRICT MAGISTRATE NAWADAH 3. DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT PROGRAMME CONVENOR BIHAR EDUCATION PROJECT, NAWADAH 4. THE BLOCK EDUCATION EXTENSION OFFICER NARDIGANJ, NAWADAH 5. THE BLOCK DEVELOPMENT OFFICER NARDIGANJ, NAWADAH 6. CIRCLE OFFICER, NARDIGANJ, NAWADAH 7. MUKHIYA, GRAM PANCHAYAT ICHUA KARUNA NARDIGANJ, NAWADAH ----------- 02. 13.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims donation of his lands for construction of the Primary School at village Saidpur in Nardiganj Block, District- Nawada for which the gift deed has also been registered in favour of the State Government on 27.8.2007. His grievance is that notwithstanding the same the School is sought to be constructed at another location. Learned counsel for the State relies upon the report of the District Superintendent of Education- Cum- District programme Officer, Bihar Education Project dated 25.11.2010 to submit that the Executive Authorities were alone competent to decide the location of the School. 2 The argument on behalf of the State is unexceptional in view of the judgment of the Supreme Court in 2001 (10) SCC 75 (Raj Shikshan Prasarak Mandal Versus State of Maharashtra And Others), but that judgment itself puts a rider that unless the location of the School was regulated by statutory provisions. Under Section 22 of the Bihar Panchayat Act, dealing with the functions of the Gram Panchayat, Sub-Section 13 confines the power of the Gram Panchayat to promotion and participation in Primary and Secondary education ensuring full enrolment and attendance and management of the School. Section 47 dealing with the function and powers of the Panchayat Samiti in Sub-Section 14 confines its power to the promotion of Primary and Secondary education including construction, repairing and maintenance of Primary School building. Section 73 Sub-Clause-17 (I) vests exclusive power in the Zila Parishad to decide on the establishment of Primary and Secondary School. It is therefore apparent that the Bihar Panchayati Raj Act, 2006 vests exclusive power in the Zila Parishad alone to decide on the location for establishment of the School and in no other authority including the author of the order dated 25.01.2010. The location of the School can therefore be decided only in the manner 3 permissible by the statute and in no other manner. The Court therefore finds it difficult to grant any relief to the petitioner. If the State Government has accepted donation of his lands for a location other than that decided in the statutory manner, it is obliged to return the possession of the lands to the petitioner in accordance with law within a maximum period of one month from the date of receipt/production of a copy of this order before it. If any constructions have been raised by the respondents upon the lands of the petitioner after accepting donation, they are obliged to remove such constructions at their own costs and handover vacant possession of the petitioner within time prescribed. The application stands dismissed with the aforesaid observation. P.K. ( Navin Sinha, J.)