IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2984 of 2010 ***** 1. Usha Devi, Mukhiya of Gram Panchayat Raj, Rasalpur, wife of Late Suresh Pd. Yadav, Village-Rasalpur, P.S. Salkhua, District-Saharsa. 2. Sulekha Devi, wife of Pramod Kumar Yadav @ Pramod Yadav, resident of Village-Rasalpur, P.S. Salkhua, District-Saharsa. …. …. Petitioners Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Collector, Saharsa. 4. The Additional Collector, Saharsa. 5. The District Superintendent of Education, Saharsa. 6. The Block Education Extension Officer, Banma, Itahari, Saharsa. 7. The Circle Officer, Banma Itahari, Saharsa. …. …. Respondents ----------- 2. 19.2.2010. The petitioners have preferred this public interest litigation on the foundation though they have been ready and willing to donate land for construction of a primary school in village Rasalpur the same has not been accepted and donation of another person has been accepted for construction of the school. In our considered opinion, where the school would be constructed and which land is more suitable cannot be adverted to in exercise of jurisdiction under Article 226 of the Constitution of India and that too in a public interest litigation. - 2 - In view of the aforesaid, we do not perceive any merit in this petition and accordingly the same stands dismissed. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)