IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18208 of 2011 Ram Bilash Rai, S/O Late Basudeo Rai, R/O Village-Begumpur, P.S.Warisnagar, Distt-Samastipur. . . . . . Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate Samastipur. 3. The Sub-Divisional Officer, Samastipur 4. The Circle Officer, Warisnagar, Distt-Samastipur 5. The Officer-In-Charge, Mathurapur, O.P. Samastipur 6. Shambhu Thakur S/O Not Known, Contractor ff Aangaanbari Centre Building , R/O Village Hajpurwa, P.S.Warisnagar, Distt-Samastipur. . . . . . Respondents. ---------------------------------- 3/ 15.11.2011 Heard learned counsel for the petitioner and the respondents. The petitioner’s father along with some other family members executed a conditional agreement in favour of Governor of Bihar on 21.07.1960 for construction of Primary School in the village, as no such school existed in the near vicinity. It appears that a primary school was subsequently constructed on the land donated by some other villagers. The petitioner submits that respondents are now trying to construct an Anganbari Centre on the land, which the petitioner’s father and others had donated exclusively for construction of primary school. Counsel for the State submits that as the land was vested in favour of Governor of Bihar, it can be put to any public use, if for some reasons school could not be constructed on the said plot. It is not in dispute that the land was Raiyati land 2 of petitioner’s family. The father of the petitioner along with other family members with their pious wish gifted the land in favour of Governor of Bihar through registered agreement. The agreement has been brought on record vide Annexure-A to the supplementary affidavit. The agreement shows that the land was endowed for the purpose of construction of a primary school. In my view, the petitioner may approach the District Magistrate, Samastipur by filing a detailed representation annexing all the relevant documents within a period of two weeks from today. The District Magistrate, Samastipur would dispose of the representation within a further period of ten weeks from the date of receipt of a copy of this order without being prejudiced in any manner that the petitioner has moved this Court. It will be open for the petitioner to make appeal for staying the ongoing construction on his land. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)