IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5389 of 2004 VIJAY MANDAL SON OF SRI DILEEP PRASAD MANDAL, RESIDENT OF VILLAGE- PURAINIYA, P.S. DHORIYA, DISTRICT- BANKA – PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY PRIMARY AND SECONDARY EDUCATION, BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BANKA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, BHAGALPUR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BANKA. 5. THE BLOCK DEVELOPMENT OFFICER CUM CIRCLE OFFICER, DHORIYA BLOCK, BANKA – RESPONDENTS. ----------- For the petitioner: Mr. Balram Kapri, Advocate. 2/ 29-03-2011 Heard the parties. 2. The petitioner has filed the present writ petition under Article 226 of the Constitution of India raising a grievance that despite recommendation dated 11.11.2003 made by Panchayat Samiti, Dhoriya in the district of Banka for upgradation of nine primary schools into middle schools, which includes primary School, Jagankita, the final decisions are not being taken by the State authorities and the schools are not being upgraded as middle schools. 3. Though the writ petition was filed in the year 2004 after service of two copies of the petition upon Learned Advocate General, representing the respondents, but, unfortunately, despite passage of almost seven years, counter-affidavit has not been filed on behalf of the 2 respondents either denying the assertions made by the petitioner or accepting the same. The petitioner further claims that it is a case of gross inaction on the part of the respondent-authorities. It is contended that though representation (Annexure-2) was filed before the respondent- District Magistrate by the petitioner and other villagers, but till date that representation has not been disposed of and final decision in the matter has not been taken by the authorities concerned. 4. In the facts and circumstances of the case, this Court is of the considered opinion that the petitioner should approach the respondent- District Magistrate, Banka with a detailed representation raising his grievance regarding non-upgradation of primary school, Jagankita in the district of Banka despite the recommendation of Panchayat Samiti, Dhoriya. The petitioner is hereby directed to appear before the respondent- District Magistrate with a detailed representation along with a certified copy of the present order within a period of four weeks from today and if such a representation is filed within the time prescribed by this Court, then the respondent-District Magistrate shall be obliged to consider the same on its own merit and shall further be obliged to dispose of the same by a speaking order and if need be, by issuing an appropriate order for redressal of the valid 3 grievance of the petitioner. 5. However, it is further made clear that if the petitioner does not appear before the respondent District Magistrate within the time prescribed by this Court with a representation and a copy of the order of this Court, then it shall be construed that the present writ petition has been finally rejected by this Court in limine. 6. With the aforesaid observation/direction, the writ petition stands disposed of. No costs. BTiwary/ ( Birendra Prasad Verma, J.)