IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5873 of 2010 ***** 1. UMA SHANKAR SINGH S/O SHRI RAMNATH SINGH R/O VILLAGE & P.O.- KHADRAHIYA, P.S.- DAUDPUR, BLOCK- MANJHI, DISTT.- SARAN (CHAPRA). …. …. Petitioner Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER SARAN DIVISION AT CHAPRA 3. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 4. THE DEPUTY DEVELOPMENT COMMISSIONER, SARAN AT CHAPRA 5. THE SUB DIVISIONAL OFFICER SADAR CHAPRA, DISTT.- CHAPRA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA 7. THE BLOCK DEVELOPMENT OFFICER-CUM-CIRCLE OFFICER MANJHI, DISTT.- SARAN 8. THE BLOCK EDUCATION OFFICER, MANJHI, DISTT.- SARAN 9. SHRI RAM PRASAD SINGH S/O SHRI GANESH SINGH R/O VILL.- CHAMRAHIYA, P.O. BISHUNPURA KALA, P.S. DAUDPUR, DISTT.- SARAN, THE MUKHIYA GRAM PANCHAYAT RAJ NASIRA, BLOCK MANJHI, DISTT.- SARAN 10. SHRI ONKAR NATH MISHRA S/O LATE RAMCHANDRA MISHRA R/O VILLAGE & P.O.- KHADRAHIYA, P.S.- DAUDPUR, DISTT.- SARAN, THE SECRETARY, SCHOOL EDUCATION COMMITTEE, NEWLY CREATED GOVT. PRIMARY SCHOOL KHADRAHIYA NORTH TOLA (NONIA TOLI), ANCHAL MANJHI, DISTT.- SARAN 11. SHRI KAMALDEO RAM, THE INCHARGE HEAD TEACHER NEWLY CREATED GOVT. PRIMARY SCHOOL KHADRAHIYA NORTH TOLA (NONIA TOLI), ANCHAL MANJHI, DISTT.- SARAN 12. THE OFFICER-IN-CHARGE, DAUDPUR POLICE STATION, DISTT.- SARAN. …. …. Respondents ----------- For the Petitioner : Mr. Umesh Kumar Mishra, Advocate For the State : Mr. Prasoon Sinha, G.A.-3 ------------ 2. 6.4.2010. Heard Mr. Umesh Kumar Mishra, learned counsel - 2 - for the petitioner and Mr. Prasoon Sinha, learned counsel for the State. On a perusal of the assertions made in the writ petition, it is quite vivid, the petitioner has donated some land to establish a school at Khadrahiya whereas a decision is likely to be taken to have it at another village. In view of the above, two aspects clearly emerge, firstly, the petitioner has personal interest inasmuch as he wants the school to be situated on his land and, secondly, he feels affected by shifting of the site of the school. In our considered opinion decision to shift the school to another village, which is hardly 1000 meters away, cannot have the status of a public interest litigation, for such a decision is within the domain of the executive. In view of the aforesaid, we perceive no merit in the writ petition and accordingly the same stands dismissed without any order as to costs. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)