IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1508 of 2010 Rajesh Kumar s/o Dhuman yadav, r/o village Khairatia, P.O. Manikpur, P.S. Gopalganj, District Gopalganj, presently Ward Member of Gram Panchayat Raj, Jagiri Tola, Block Gopalganj, District Gopalganj ……… Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna, 3. The Director, Primary Education, Govt. of Bihar, Patna 4. The District Magistrate, Gopalganj 5. The District Superintendent of Education, Gopalganj 6. The Block Development Officer, Gopalganj 7. The Block Education Extension Officer, Gopalganj 8. The Mukhiya, Gram Panchayat Raj, Jagiri Tola, Gopalganj 9. The Panchayat Secretary, Gram Panchayat Raj, Jagiri Tola, Gopalganj 10. The Chairman, Zila Parishad, Gopalganj 11. The Executive Officer, Zila Parishad, Gopalganj ……….. Respondents ----------- For the petitioner: Mr. S.B.K. Mangalam, Advocate For the State : Mr. K.K. Jha, SC XVIII For the Intervenor: Mr. Farooque Ahmad Khan, Mr. Sufiya, Advocates --- 4 8/3/2010 Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner, Mr. K.K.Jha, learned counsel for the State and Mr. Farooque Ahmad Khan, learned counsel for the intervenor. On the last occasion the submission was put forth that a decision has been taken by the Zila Parishad to shift the Primary School which is sanctioned for 2 village Khairatia to Nawada mahanth village where two schools are already situated. It was urged that the distance between two villages is 1 & ½ Kms., and once the sanction order was passed for having a school in the village Khairatia that should not have been changed. That apart it was contended that the petitioner was ready and willing to provide a land free of cost. Keeping in view aforesaid stand, the State Government was asked to file a counter affidavit. A return has been filed stating inter alia that there was no sanction order for village Khairatia and, in fact, the Panchayat Samiti had sanctioned two schools for Gram Panchayat Jagiri Tola where village Nawada as well as village Khairatia are situated. It is contended in the return that Mukhiya of the village Jagiri Tola is bent upon to have the school at village Khairatia though there is no sanction order and, in fact, the school in village Khairatia is running without any authority of law. In view of aforesaid without entering into the role of the Mukhiya, it is directed that the Director, Primary Education, Government of Bihar, respondent 3 no.3, may consider the proposal of the petitioner to give a land free of cost for the purpose of construction of the school in village Khairatia, if situation so warrants. We have not expressed any opinion on this aspect. It is the discretion of the Director, Primary Education, to consider and take appropriate action in accordance with law. With the aforesaid observation, the writ petition stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)