IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11139 of 2009 AWADH KISHOR SINGH, SON OF LATE SAKALDIP SINGH, RESIDENT OF VILLAGE DUMRA, P.S. BELSAND, DISTRICT SITAMARHI, BIHAR----PETITIIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, SITAMARHI. 3. THE DEPUTY DEVELOPMENT COMMISSIONER(D.D.C.), SITAMARHI. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SITAMARHI. 5. THE SUB-DIVISIONAL OFFICER(S.D.O.), BELSAND, SITAMARHI. 6. THE BLOCK DEVELOPMENT OFFICER(B.D.O.) BELSAND, SITAMARHI. 7. THE BLOCK EDUCATION EXTENTION OFFICER, BELSAND, SITAMARHI. 8. MANOJ KUMAR SON OF LATE BASUDEV SINGH, THE MUKHIYA OF GRAM PANCHAYAT RAJ DUMRA NUNAURA, P.S. BELASAND, DISTRICT SITAMARHI. 9. ASHOK KUMAR SINGH, THE HEAD MASTER NEWLY ESTABLISHED PRIMARY SCHOOL DUMRA WARD NO. 6, P.S. BELSAND, DISTRICT SITAMARHI, RESIDENT OF VILLAGE BASUDEO BISHNUPUR, P.S. RUNNISAIDPUR DISTRICT SITAMARHI. 10. SMT. NISI KUMARI, THE ASSISTANT TEACHER NEWLY ESTABLISHED PRIMARY SCHOOL, DUMRA WARD NO.6, P.S. BELSAND, DISTRICT SITAMARHI, D/O SRI VISHW MOHAN SINGH, R/O VILLAGE TARIYANI CHHAPRA, P.S. TARIYANI, DISTRICT SHEOHAR----RESPONDENTS. ----------- 02. 01.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by order dated 29.6.2009 passed by the Sub-Divisional Officer, Belsand, Annexure-17, whereunder he has refused to establish the newly sanctioned school over 45 decimals of land bearing Plot Nos. 973, 979 and 980, which was earlier allotted by the Government for establishing the newly created school and has proceeded to establish the newly created school on 10 decimals of private land. 3. It is submitted on behalf of the petitioner that the order of the Sub-Divisional Officer, Belsand dated 29.6.2009, Annexure-17 is in teeth of the instructions of the District Magistrate, Sitamarhi dated 10.9.2007, Annexure-8 and the direction of the Bihar Education Project Council given to all the District Magistrates bearing Memo No. 4078 dated 10.8.2007, Annexure-8/1. - 2 - 4. Let the petitioner challenge the order of the Sub- Divisional Officer, Belsand dated 29.6.2009, Annexure-17 before the District Magistrate, Sitamarhi in the light of the instructions of the District Magistrate, Sitamarhi dated 10.9.2007, Annexure-8 as also of the Director, Bihar Education Project Council dated 10.8.2007, Annexure-8/1, which should be considered by the learned District Magistrate, Sitamarhi as early as possible, in any case within one month from the date of receipt of the representation filed against order dated 29.6.2009, Annexure-17. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)