IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13665 of 2010 1. AWADH KISHORE RAI S/O HARUNI RAI R/O VILL.- CHANDPUR, P.O.- HASANPUR GURDA, P.S.- PATORI, DISTT.- SAMASTIPUR, AT PRESENT WORKING AS A PRINCIPAL IN CHARGE SANT KABIR MAHANT RAM DAYAL DAS MAHAVIDALAYA, MAHANT RAM LAKHAN NAGAR, BIDUPURR BAZAR, P.S.- BIDUPUR, DISTT.- VAISHALI AT HAJIPUR- ------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR (SECONDARY EDUCATION) BIHAR AT PATNA 3. THE DEPUTY SECRETARY (IN CHARGE) SPECIAL CELL (NON- FINANCIAL EDUCATION) (INTERMEDIATE CELL), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 4. THE SUB-DIVISIONAL OFFICER, VAISHALI AT HAJIPUR 5. THE DISTRICT EDUCATION OFFICER, VAISHALI AT HAJIPUR 6. THE BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), PATNA THROUGH ITS SECRETARY 7. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), PATNA 8. THE SECRETARY BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), PATNA 9. THE DEPUTY SECRETARY BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), PATNA 10. SRI ACHARYA MAHANT RAM DAYAL DASJI, CHELE LATE ANURAG DAS JI, ACHARYA CHELE LATE MAHANTH RAM LAKHAN DAS JI R/O KABIRPANTHI MATH, BIDUPUR BAZAR, P.S.- BIDUPUR, DISTT.- VAISHALI, THE SECRETARY SANT KABIR MAHANT RAM DAYAS DAS MAHAVIDALAYA, MAHANT RAM LAKHAN NAGAR, BIDUPUR BAZAR, P.S.- BIDUPUR, DISTT.- VAISHALI 11. SRI JAGDISH PRASAD SINGH S/O NOT KNOWN THE EX-PRINCIPAL IN CHARGE (NOW SUSPENDED) SANT KABIR MAHANT RAM DAYAS DAS MAHAVIDALAYA, MAHANT RAM LAKHAN NAGAR, BIDUPUR BAZAR, P.S.- BIDUPUR, DISTT.- VAISHALI--------------RESPONDENTS. ----------- For the Petitioner: Mr. Mahendra Thakur, Advocate Mr. Ujjwal Kr. Mishra, Advocate For Respondent No.11: Mr. Shivendra Kishore, Advocate For BSE Board: Mr. Girijesh Kumar, Advocate For the State: Mr. M. K. Ambastha, GP-14 ----------- 3 10.3.2011 Heard learned counsel for the parties. It is unfortunate that the person who has created the present dispute or litigation has failed to file any affidavit which would have assisted this Court and helped in adjudicating or resolving the dispute. The Court is talking about Sub-Divisional Officer, Hajipur who also happens to be or happened to be the Chairman of the Ad hoc Committee of Sant Kabir Mahant Ram - 2 - Dayal Das Mahavidalaya, Bidupur in the district of Vaishali. It is not that respondent no.4, i.e. Sub-Divisional Officer is not aware of the litigation but learned counsel for the State informs the Court that request letter has been sent to him seeking his response but no information has been furnished which could have helped the State in formulating as affidavit in the present litigation. Documents are one to many which have been brought on record both on behalf of the petitioner as well as private respondent no.11. Both of them have their own story to tell as well as resolutions passed from time to time showing that they are in full command of the institution so far as the administration of college is concerned. But if it was so then there would not have been occasion for the Sub-Divisional Officer to issue letter to private respondent no. 11 which is annexure-8 to the writ application dated 3.10.2010. Dispute of such kind ought to be adjudicated and decided at the earliest if the Sub Division Officer has any feeling for the institution, of which he is the convenor and if he has any concern about the interest of children of the institution. Since it is not possible for this Court to look into all the records as only the selective records have been brought on record by either of the interested party, therefore the Court is of the opinion that it will be advisable for the Sub-Divisional Officer to issue notice to all the parties concerned, hear them and thereafter he will set to rest the dispute arising out of his letter - 3 - addressed to private respondent 11 which is annexure-8. The Court expects that if the parties cooperate then three months time would be good enough for adjudication of the dispute. If it is not done then the parties will have liberty to move such forum, may be the civil court of competent jurisdiction for appropriate declaration. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)