IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14000 of 2009 GANESH LAL YADAV S/O LATE BRIJLAL YADAV VILL-NAYA TOLA, CHILHAGPARA, P.S- BALRAMPUR, DISTT- KATIHAR Versus 1. THE STATE OF BIHAR 2. SECRETARY DEPARTMENT OF PRIMARY & ADULT EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. DISTRICT MAGISTRATE KATIHAR 5. DISTRICT SUPERINTENDENT OF EDUCATION KATIHAR 6. BLOCK DEVELOPMENT OFICER, BALRAMPUR DISTT- KATIHAR 7. MUKHIYA GRAM PANCHYAT RAJ, SHARIFNAGAR, P.S- BALRAMPUR, DISTT- KATIHAR 8. HEADMASTER PRIMARY SCHOOL, CHILHAPARA, P.S-BALRAMPUR, DISTT- KATIHAR 9. SRI BALESHWAR PANDIT S/O RAM CHARAN PANDIT NAYATOLA CHILHAPARA, P.S- BALRAMPUR, DISTT- KATIHAR ----------- 02. 05.11.2009 Petitioner had gifted his land for the purposes of establishment of government school. The site was duly approved. But soon thereafter private respondent namely Baleshwar Pandit also gifted his land in the same village for the same very purpose on which government has decided now to establish a government school. Petitioner is aggrieved by the said decision. In my view, there is no infraction of any legal duty or legal right as petitioner has already by registered deed gifted his land to the State and there is no compulsion to the State to build government school on any particular property. Considering the nature of dispute, in my view, a writ petition is not the proper remedy for the petitioner and - 2 - under this circumstance, I am not inclined to entertain this writ application, it is dismissed accordingly. Petitioner would be entitled to such other remedy as he may be advised. The writ application thus stands dismissed. Shageer (Navaniti Prasad Singh, J)