IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 11059 of 2008 Prem Nath Jha, son of Sri Hem Narayan Jha, resident of village – Karahbari, P S – Bardaha (Sikty), District – Araria - Petitioner Versus 1 The State of Bihar 2 The Director, Primary Education, Patna 3 The Commissioner, Purnea Division, Purnea 4 The District Magistrate –cum- District Collector, Araria 5 The Additional Collector, Araria 6 The District Superintednent of Education, Araria 7 The Block Education Extension Officer, Sikty, District - Araria - Respondents ----------- 2 12.03.2010 The petitioner’s grievance, in the present case, is that for construction of a Primary School in his village which is situated in village – Karahbari under Gram Panchayat – Benga (Sikti) in the district of Araria, he, alongwith his family members, had donated 25 decimals of land by a registered deed of gift in the name of State Government. Teaching on that spot had also started. Sometime later on, at the instance of local MLA, the Subdivisional Education Officer submitted a report directing the School to be shifted to another site where people had agreed to donate the land. It is stated that now funds have been received and in all likelihood, the School, instead of being constructed on petitioner’s land which land already donated to the State, is to be shifted to another site. In my view, site selection for construction of Primary School is the duty of the Gram Panchayat concerned in terms of Section 46 (17) of the Bihar Panchayat Raj Act. It is the Gram Panchayat that has to take a decision in the matter as where the 2 School would be situated. Thus, I direct the Mukhiya of Gram Panchayat to immediately convene a meeting of the Gram Sabha and take a decision in the matter of location of the School in question. Needless to add that in case it decides that School would be made at a place different than on the land as donated by the petitioner and his family members then the Collector, Araria would take steps to cancel the deed of gift as made by the petitioner and his family members in favour of the Governor of Bihar for construction of the said School. The Mukhiya must call a meeting before work is started for construction of the School and preferably within 15 days of the receipt of copy of order of this Court. While so deciding, the Gram Panchayat would consider and take into account its earlier decision in that regard as well in accordance with law. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)