IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1254 of 2008 PREMCHANDRA SINGH Versus THE STATE OF BIHAR & ORS ----------- 2/ 11/01/2010 Heard learned counsel for the petitioner and learned counsel for the State. The issue concerns the location of the school. Whewther it should be located on Khata No.168, Khesra No.1439 having an area of 0.18 acres stated to have been donated by the petitioner for the purpose, after examining of the lands by the District Administration, as claimed on behalf of the petitioner or whether it should be Khata No.588, Khesra No.1813 having an area of 3.56 acres stated to be Gair Mozarua Aam lands and passage. Learned counsel for the State relied upon an enquiry report dated 1.10.2007 to urge that the latter lands have been found more suitable. Countering the argument learned counsel for the petitioner submitted that there was no justification for the State to accept donation of his lands if it was not suitable for the purpose, invoking principles of estoppel. Further reliance was placed on a subsequent enquiry report dated 12.3.2008 at Annexure-15 to I.A. No.1908/08 holding the lands of 2 the petitioner to be better suited than the latter lands. The I.A. was served on the State on 25.3.2008. The counter affidavit has been affirmed on 14.1.2009, but it does not deal with the fresh enquiry report dated 12.3.2008. At this stage, this Court is not concerned with the final decision of the respondents, but with the decision making process. If there has been a subsequent decision, that had to be appropriately also dealt with and explained in the counter affidavit, as otherwise the action of the respondents becomes arbitrary. This writ application is, therefore, disposed with directions to the committee which submitted the report dated 1.10.2007 to appropriately examine the subsequent report dated 12.3.2008 and then pass a fresh reasoned and speaking order with regard to the location of the school in question keeping in mind the discussions as contained hereinabove of the submissions made on behalf of the parties within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)