IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8515 of 2011 Suman Kumar Jha, S/o Late Sarat Chandra Jha, R/o- Shivpuri, Mirchai Bari, P.S.- Sahayak, P.O. & District- Katihar- 854105 (Bihar) ….. Petitioner Versus 01. The State Of Bihar, through the Principal Secretary, Human Resources Department, Bihar, Patna 02. The Principal Secretary-Cum-Commissioner, Human Resources Department, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna 03. The Director, Primary Education, Human Resources Departmenent, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna 04. The District Magistrate, Collectorate, Katihar 05. The District Superintendent of Education, Katihar 06. Superintendent of Police, Katihar 07. Sub Divisional Officer, Katihar 08. District Public Relations Officer, Katihar 09. Teomal Educational Trust through Secretary Wireless Lane, Amla Tola, Katihar ….. Respondents For the Petitioner:- Mr. Gautam Kejriwal & Mr. Gopal Prasad Gupta, Advocates For the State:- Mr. AAG-I For the Private Respondent No.9:- Mr. Chitranjan Sinha, Sr. Adv. & Mr. Harendra Kr. Tiwary, Advocate ---------------------------------- 05. 14.10.2011 The present writ petition has been filed in the form of P.I.L by the petitioner being aggrieved by inaction of respondent no.9 seeking a writ of mandamus directing the respondent no.4 not to prevent him from proposing Primary School, Katihar and take proper measuring to implement directions issued by the Commission who has given clear instruction for Protection of Child Rights and has 2 issued clear instructions not to establish such school. The second relief is that running of the Primary School in the industrial area is only followed by heavy water logging and it is adjacent to the Railway line and thereby there is likelihood to face trouble by the little children in going to the school . An averment is made in the writ petition that notice has already been issued on 26.3.2009 to respondent no.9 informing him to shift the school running in Katihar District from the year 2010, but however there was no averments in the writ petition to the effect that parents have come to this Court being aggrieved by such shifting of the school. In absence of any material available before this Court that the parents had any objection this matter cannot be treated as P.I.L, and accordingly this writ application is not maintainable. With regard to second part of the prayer, we are of the opinion that as the writ petition itself is not maintainable, but as the second part of prayer deals with the public interest with regard to the Railway crossing, if that be a fact the concerned authority who are not party in the writ petition will take appropriate action to maintain Railway crossing in accordance with the procedure available. 3 With the above observation this application is disposed off. Copy of the order should be given to the Sub Divisional Officer or Commercial Divisional Manager Railway, Katihar to take action regaing maintenance of Railway crossing according to the establishment norms. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)