IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9690 of 2005 BHOLA PRASAD SINGH Son of Late Adaya Prasad singh, resident of village +P.O. Kurmadih, Police Station Shambhuganj, District Banka. Versus 1.TILKA MANJHI BHAGALPUR UNIVERSITY, Bhagalpur through its Registrar. 2.The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 3.The Registrar, Tilka manjhi Bhagalpur University, Bhagalpur. 4.Smt. Rajshree Singh, Wife of Dr. Diwakar Prasad Singh resident of Aga Saheb Lane, Goalghat, P.S. Tatarpur (Kotwali), Bhagalpur, District Bhagalpur. ----------- 2 8/12/2009 No one appears for the petitioner. Counsel for the Bhagalpur University and the counsel for private respondent no.4 are present. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of appropriate writ (s)/directions commanding the Respondents to declare petitioner as donor of S.S.P.S. College, Shambhuganj, Banka and nominate him as doner member of the said College as the petitioner has donated land which valuation is of about Fifty thousand to S.S.P.S. College, Shambhuganj, Banka. The petitioner further prays to constitute Ad-hoc Committee in conformity of provisions of Bihar University Act/Statutes and also grant any other reliefs for which the petitioner is found entitled in the facts and circumstances of the case.” As with regard to the aforementioned prayer there is specific stand of the University in its counter 2 affidavit stating therein that the petitioner had never made any donation for a worth of Rs.25,000/- and as such there was no question of her being a donor member of the College. Counsel for the respondent no.4 has also produced an order of the University dated 12.5.1997 wherein the University had invited objection from any person claiming to be a doner for inclusion of names of donors including from respondent no.4 for the College in question in which the petitioner wants himself to be declared as donor. There is however no reply nor any stand has been taken in the writ application though copy of the counter affidavit of the university and Respondent no. 4 was served on the counsel for the petitioner on 30.1.2006 and 29.2.2008 respectively. That being so, it appears that the petitioner after being made aware of the stand taken by respondent no.4 in the counter affidavit has lost his interest in the matter. Be that as it may, this Court would not find any merit in this writ application, inasmuch as, the dispute as to whether the petitioner had donated Rs. 25,000/- or not can be made subject matter only of a Civil Suit. This application being devoid of any merit is accordingly dismissed. Abhay Kumar (Mihir Kumar Jha, J.)