IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1177 of 2009 RAMA SHANKAR MISHRA S/o Late Ram Prasad Mishra, R/o Saraiya, P.O.-Baikunthpur, P.S. Sikraul, Dist. Buxar. ---------Appellant. Versus 1.THE STATE OF BIHAR through the Commissioner-Cum-Secretary Human Resources Development Department, Government of Bihar, Patna. 2.Commissioner-Cum-Secretary Human Resources Department Government of Bihar, Patna. 3.Director, Bihar Education Project Council, Beltron Bhawan Shastri Nagar, Patna-23. 4.The District Magistrate, Buxar. 5.The District Superintendent of Education- Cum-District Project Coordinator, Bihar Education Project. 6.The Circle Officer, Itarhi Block, Buxar. 7.The Block Education Extention Officer Itarhi, Buxar. 8.The Punchayat Samiti Itarhi, Buxar. 9.The Block Development Officer Itarhi, Buxar. ------------Respondents. ----------- 2 19-02-2010 Heard Mr. Manan Kumar Mishra, learned Senior counsel for the appellant and Mr. Jagnnath Singh, learned counsel for the State. Questioning the correctness of order dated 13.07.2009 passed by the learned Single Judge in C.W.J.C. No.11117 of 2008 the present appeal has been preferred. Singular grievance that has been agitated in 2 this appeal by Mr. Mishra is that the learned Single Judge should have issued a positive direction to the authorities to consider case of the petitioner on the anvil of Annexure-1 which stipulates certain conditions with regard to fixation of site for construction of a School. On a perusal of order passed by the learned Single Judge it is evident that he has granted liberty to the petitioner to take up the matter with the concerned authority including the District Magistrate. True it is, no command has been issued but spirit of the order must be appreciable and understood by the District Magistrate. He must keep in mind the guidelines for fixation of site. We say no more on this score. Appeal stands dismissed accordingly. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)