IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7279 of 2010 1. Lal Bihari Singh S/O Late Lutan Singh R/O Vill.- Kamarpur Dhaba, P.S.- Parasbigha, Distt.- Jehanabad Versus 1. The State Of Bihar 2. The District Magistrate, Jehanabad 3. The Block Development Officer-Cum-Circle Officer, Jehanabad 4. The Block Development Officer-Cum-Circle Officer, Ratani Faridpur, Distt.- Jehanabad 5. The District Superintendent Of Education, Jehanabad 6. The Block Education Extension Officer, Ratani Faridpur, Distt.- Jehanabad 7. Rajendra Prasad Sinha S/O Late Sita Singh Yadav R/O Vill.- Kamarpur Dhaba, P.S.- Parasbigha, Distt.- Jehanabad. ---------------------------------- d 04.11.2011. Heard Mr. Shashi Shekhar Dviwedi, learned Senior Counsel appearing on behalf of the petitioner and Mr. S.D.Sanjay, AAG-12 for the State. The petitioner seeks a direction to the respondents to construct the primary school building at Village-Kamarpur Dhaba, within the district of Jehanabad on a piece of land bearing Khata no.22, Plot No.342, having an area of 20 decimals donated by him in favour of His Excellency the Governor of Bihar, by way of a registered deed of gift. It is the case of the petitioner that on the offer made by the petitioner to 2 gift 20 decimals of land fully described hereinabove for the purpose of construction of a primary school building, the District Magistrate, Jehanabad issued directions to the Circle Officer and other concerned authorities under the Sarva Shiksha Abhiyan to get the same registered, copy whereof has been placed at Annexure-1 to the writ petition. Pursuant thereto, a deed of gift was executed on 6.1.2009 placed at Annexure- 2. When no action was taken for construction of the school building on the land gifted by the petitioner, an application was filed before the statutory authority however the same not being responded positively, hence the writ petition. During the pendency of the proceedings, an interlocutory application was filed seeking amendment of the relief prayed in the writ petition by incorporation of the relief made in para no.2 of the interlocutory application bearing I.A.No.9635 of 2010 requiring the Head Mistress of the Primary School to be added as respondent and for return of the land 3 gifted by the petitioner by way of registered deed which is present at Annexure-2. A counter affidavit has been filed sworn by the then District Superintendent of Education, Jehanabad and in which it is stated that a meeting of Gram Panchayat, Lakhapur presided over by the Mukhiya was held on 17.6.2007, wherein the local villagers namely, Rajendra Prasad Singh, Shri Alakh Prasad Singh and Shri Rameshwar Prasad Singh had offered to donate 10 decimals of land for construction of the school building. The copy of the minutes of the meeting has been placed at Annexure-A to the counter affidavit. It is contended that in the subsequent meeting held on 13.9.2008, a resolution was passed requesting the said Rajendra Prasad Singh to donate the piece of land, who donated 10 decimal of land of Khata no.30, Plot No.294 by way of registered deed of gift executed in favour of His Excellency the Governor of Bihar on 26.9.2008. It is contended that subsequently 4 a meeting of village Committee was held wherein the villagers selected the proposed site for construction of the school building and then the work started. It is thus contended that the decision to start the work of construction of the primary school over the land donated by a local villager Shri Rajendra Prasad Singh has been taken pursuant to a gift made by the said villager much prior to the deed of gift made by the present petitioner which according to him was in the year 2009. Be that as it may, considering the circumstances where the position is not disputed that the construction of the school building has already started on the piece of land so gifted by local villager Rajendra Prasad Singh, this court in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, would not interfere with the administrative decision of the authorities for construction of the primary school building on the piece of land donated by Sri Rajendra Prasad Singh. In so far as the prayer made by 5 the petitioner for returning the land gifted by him is concerned, the petitioner would be at liberty to invoke the remedy as available to him in law. The writ petition is disposed of with the directions and observations aforesaid. ahk (Jyoti Saran, J.)