IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13787 of 2009 1. JAWAHAR RAI S/O- LATE INDRASHAN RAI RESIDENT OF VILLAGE- BALA, P.O. KISHUNPUR, P.S- BASANTPUR, DISTT- SIWAN………… petitioner Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR PRIMARY AND MIDDLE SCHOOL OLD SECRETARIAT, PATNA 2. THE DIRECTOR, PRIMARY AND MIDDLE SCHOOL, OLD SECRETARIAT, PATNA 3. DISTRICT MAGISTRATE SIWAN 4. ANCHAL ADHIKARI, LAKRINABIGANJ BLOCK, SIWAN 5. BLOCK EDUCATION EXTENSION OFFICER LAKRINABIGANJ BLOCK, SIWAN 6. DISTRICT EDUCATION SUPRITENDENT CUM PROGRAMME CO- ORDINATOR, SARVA SIKSHA ABHIYAN SIWAN 7. SHANKAR MANJHI S/O- RAJBALI MANJHI MUKHIYA OF BALAPUR PANCHAYAT PRESENTLY KNOWN AS BHOPATPUR PANCHAYAT RESIDENT OF VILLAGE- BALA P.O.- KISHUNPUR, P.S- BASANTPUR, DISTT- SIWAN………respondents ----------- 2 27-10-2009 Heard the parties. Petitioner wants a newly created primary school to be located in village Balakothi and not to be located at another village, Bhopatpur Bharatiya Tola. It is not possible to decide such claim under the label of public interest litigation when obviously interests of two villages are clashing. In the facts of the case, the writ petition is disposed of with a liberty to the petitioner that, if so advised, he may again approach the District Magistrate, Siwan or District Superintendent of Education, Siwan, respondent no.3 or respondent no. 6 in respect of his grievance. If the concerned authorities do not agree to the prayer of the petitioner in that event he or other villagers may pursue their other alternative remedy in accordance with law. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)