IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4422 of 2010 Awadh Kishor Singh Versus The State Of Bihar & Ors ----------- 02. 05.07.2011 Heard Mr. Tejendra Sinha, learned counsel appearing on behalf of the petitioner and Ms. Archana Jha, assisting counsel to G.P. 17 for the State. The writ petition has been filed by a public spirited person claiming to be social worker as well as a ward member under the Gram Panchayat Raj Dumra-Nunaura, Block-Belsand in the District of Sitamarhi. The writ petition has been filed for a direction to the respondents to enquire into the matter of construction of a newly established and sanctioned Primary School building situated at village Dumra, ward no. 6, Gram Panchayat Raj Dumra-Nunaura, Block-Belsand in the district of Sitamarhi which according to the petitioner has been constructed on wrong and improper place and without following the relevant instructions of the Human Resources Development Department of the Government of Bihar inasmuch as the school building is situated at a small piece of land measuring 10 decimals when the minimum requirement under the policy decision, requires school building to be constructed on a land not less than 20 decimals. It so appears that the writ petitioner has twice earlier approached to this Court. The first time by way of a Public Interest Litigation giving rise to C.W.J.C. No. 4717 of 2009 and 2 which was disposed of with a liberty to the petitioner to represent before the Sub-Divisional Officer, Belsand who was required to consider the grievance of the petitioner and dispose of the same in accordance with law. The Bench even while disposing of the writ petition had passed the following directions; “This Court in public interest litigation cannot decide that a school building should be established at a particular place. It is for the authority concerned to decide as to which place the said building should be established.” The representation of the petitioner having been disposed of at the hands of the Sub-Divisional Officer but not to the satisfaction of the petitioner, gave rise to another writ petition bearing to C.W.J.C. No. 11139 of 2009. The grievance of the petitioner was identical to the earlier one. According to the petitioner the school building should have been constructed on a larger piece of land measuring 45 decimals pertaining to plot nos. 973, 979 and 980 earlier allotted by the Government for establishment of a newly created school. Once again this Court by order dated 01.09.2010 disposed of the writ petition requiring the petitioner to challenge the same before the District Magistrate and who was required to consider and dispose of the same as early as possible. The grievance of the petitioner was considered by the District Magistrate and has been disposed of vide order contained in Memo No. 1701 dated 26.12.2009 placed at Annexure-4 to the writ petition. The Collector, 3 Sitamarhi considering the grievance of the petitioner has taken note of provision brought to his notice by the District Superintendent of Education as contained in Letter No. 6488 dated 5.12.2007 and according to which a new school could be constructed on a land measuring 10 to 20 decimals. He having noted the aforesaid position has disposed of the representation of the petitioner that the construction of the school was being made in accordance with the recommendation of the Gram Sabha and the Zila Parishad and that there was no statutory violation in the same. That being the position, I find no lawful grounds to interfere with the order passed by the Collector, Sitamarhi as found in Annexure-4. The writ petition is dismissed. S.Sb/- (Jyoti Saran, J.)