IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18025 of 2009 1. SANT SHARMA S/O LATE BALESHWAR SHARMA R/O VILL.- CHANDHARIA, P.O.- KOSHDIHARA, P.S.- PARASBIGHA, DISTT.- JEHANABAD Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE COLLECTOR, ARWAL 4. THE SUBDIVISIONAL MAGISTRATE, JEHANABAD 5. THE PRAKHAND VIKAS PADADHIKARI CUM ANCHAL ADHIKARI PRAKHAND, JEHANABAD, DISTRICT- JEHANABAD 6. THE DEPUTY SUPERINTENDENT OF EDUCATION DISTT.- JEHANABAD 7. THE BLOCK EDUCATION OFFICER JEHANABAD 8. THE EXECUTIVE ENGINEER GRAMIN KARY BIBHAG (RURAL WORK DEPARTMENT), JEHANABAD 9. SRI VIJAY MANDAL VILL.- JADU BIGHA, (JHUNDHI), PARASBIGHA, DISTT.- JEHANABAD For the Petitioner:- Mr. Arvind Prasad Singh, Advocate For the State:- Mr. Rajesh Kumar Verma, S.C.-27 ----------- 03. 24.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the construction of a road under the Pradhan Mantri Gramin Sarak Yojana over the lands of the primary school situated at village- Chandharia, Block- Jehanabad, Khata No. 37/72, Plot No. 250/494. The submission is that he donated the lands for the purpose of a school and not for the road. The petitioner appears to have represented vide Annexure-4 series before the District Magistrate which has evoked no response leading to the 2 institution of the writ application. If lands have been donated for the purpose of a school only, it cannot be utilized for any purpose except with the consent of the petitioner. If the petitioner does not agree, the only option available for the authorities, if they desire to construct a road is to either purchase or acquire the lands by payment of compensation to the petitioner. In absence of the same, if the lands are being used for the purpose other than school, to that that extent it has to revert to the petitioner. Let the District Magistrate examine the representation of the petitioner in light of the aforesaid discussion, grant him a personal hearing and then dispose off the matter by a reasoned and speaking order preferably within a maximum period of one month from the date of receipt/production of a copy of this order. Needless to state that any construction in the mean time shall be at the risk and responsibility of the respondents to abide by the final orders that may be passed in the proceedings. The application stands disposed. P.K. ( Navin Sinha, J.)