IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17396 of 2010 VIJAY RAM son of Baleshwar Ram, resident of village Amawa (West), P.O. Bansgopal, Police Station Rajauli, District Nawada … … Petitioner Versus 1. THE STATE OF BIHAR, through the Chief Secretary, Old Secretariat, Patna, 2. The Secretary Human Resources Development (Primary Education) Dept. Govt. of Bihar New Sectt. Patna. 3. The District Magistrate-cum-Collector, Nawada 4. The Sub Divisional Officer, Rajauli, Dist. Nawada 5. The District Superintendent, of Education-cum-District Programme Co-ordinator, Nawada 6. The Block Development Officer, Rajauli, Dist. Nawada 7. The Block Education Officer, Rajauli, Nawada 8. The Circle Officer, Rajauli, Nawada 9. The District Panchayat Raj Officer, Nawada 10. The Block Panchayat Raj Officer, Rajauli Dist. Nawada 11. Gram Panchayat Raj Amawa (West), P.S. Rajauli, Dist. Nawada through its Mukhiya 12. Smt. Nirmala Kumari, the Mukhiya, Gram Panchayat Raj Amawa (West) P.S. Rajauli, Dist. Nawada 13. The Panchayat Secretary Gram Panchayat, Awamawa (West), P.S. Rajauli, Dist. Nawada … Respondents For the Petitioner: Mr. P.N. Shahi, Advocate For the State : Mr. Dr. Kumar Amitesh, AC to GA VI For Respondent No. 12: Mr. D.K. Sinha, Sr. Advocate ----------- 5 07.12.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no. 12, the Mukhia of Gram Panchayat Amawa (West). The petitioner has preferred this writ petition by way of Public Interest Litigation to seek a direction upon the authorities for construction of a Primary School building in 2 village Amawa (West), P.O. Bansgopal, Police Station Rajauli, District Nawada on a Government land bearing plot no. 1173 as per alleged decision of Gram Sabha, Gram Panchayat Amawa (West), Rajauli, Nawada dated 02.09.2010. The other prayer is to restrain the respondent authorities from constructing the Primary School building over plot no. 3024 khata no. 534, which has been gifted by an individual to the State for construction of school building. After considering the submissions and the materials on record, we are not persuaded to enter into dispute of facts as to which proceeding of Gram Sabha of the Gram Panchayat was lawful and valid, one held in the year 2008 being relied upon by the respondent-Mukhia and the other held on 02.09.2010 being relied upon by the petitioner. The meeting of 2010 was, admittedly, not convened by the Mukhia and he did not participate in the same. The rival contentions raise disputed questions of fact, which are not necessary to be decided in a Public Interest Litigation. The simple dispute in the context of public interest is whether the school building should be constructed 3 on the land gifted by an individual over plot no. 3024 or over a Government land in plot no. 1173, if the Government land is free and available for this purpose. Considering the nature of dispute, which essentially involves looking into revenue records and physical location of the school, we direct the petitioner to file a fresh representation in the matter before the District Magistrate, Nawada along with a copy of this order. On receipt of such a representation, the District Magistrate, Nawada shall decide the dispute with the help of all concerned including the Block Development Officer of the concerned Block and Mukhia of the concerned Gram Panchayat at an early date, preferably within three months from today. With the aforesaid direction/observation, this writ petition is disposed of. SC (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)