IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.4550 of 2010 Md. Israil S/O Late Md. Navijan Mian R/O Vill.- Parshuram, P.O.- Bandhar Via P.S. Hathauri, Distt.- Samastipur. Versus 1. The State Of Bihar 2. The Collector, Samastipur, Distt. Samastipur 3. The Director, Lekha Prasasan Awam Swaniyojan Zila Gramin Vikas Abhikaran, Samastipur 4. The Block Development Officer, Shiwajinagar, Distt.- Samastipur. ------------- 3. 09.8.2011. Heard Mr.Krishna Prasad Singh, learned counsel for the petitioner and Dr.Mankeshwar Tiwary, learned Assisting Counsel to AAG-5 for the State. The petitioner donated an area of 8 dhoors of land bearing Khata No.17 khesra no.4082 and 3344 situated in Mauja- Parshuram, P.S.Hathaura, district-Samastipur for the purpose of construction of a Samudayik Baithka for the general public. The copy of the gift deed executed by the petitioner for the said purpose is dated 16.2.2002 (Annexure-2). On or about the same, an Hon’ble Member of Parliament, Mr.Ramchandra Paswan has also allocated a sum of Rs.75000/- from the M.P. Local Area Development Fund for the construction of the Samudayik Baithka. Learned counsel contends that whereas 2 the donations aforementioned was for the purpose of construction of the Samudayik Baithaka, but the respondent authorities of the district administration by misutilising the donations are going ahead with the construction of a Harijan Darwaza which is not the purpose for which the gift deed was executed or the allotment made by the Hon’ble Member of Parliament. The matter was taken up on 5.7.2001 when the learned counsel for the State was directed to seek instruction and file counter affidavit but, it is contended on behalf of the State that the instruction has not been received although communication had been sent to the District Magistrate, Samastipur in this regard. Considering the grievance raised by the petitioner and the fact that necessary instructions are not forthcoming from the respondents, no purpose would be served in keeping the writ petition pending and the same is disposed of with the direction to the petitioner to raise his grievance before the respondent no.2 the District Magistrate Samastipur together with supportive documents, i.e. the deed of gift dated 16.2.2002 and the evidence of allocation of the fund made by the Hon’ble M.P. dated 2.11.2001 as 3 contained in Annexure-1. Any such representation being filed on behalf of the petitioner, shall be considered and disposed of by the District Magistrate, Samastipur, by a speaking order to be passed within a period of three months of receipt of the representation. It goes without saying that in case the petitioner is able to satisfy the respondent District Magistrate, Samastipur that the donations were made for the purpose of construction of ‘Samudayik Baithaka’ for the general public, he shall ensure that the donations are utilized for the said purpose exclusively and no other purpose. The writ petition is disposed of with the observation aforesaid. ahk (Jyoti Saran, J.)