IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1587 of 2010 1. AWADH KISHORE PRASAD S/O LATE HORIL PRASAD R/O VILL.- NAGWA ERAZI, P.O. CHORAULI, P.S. BHAGWANPUR HAT, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELO9PMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE SIWAN 3. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN 4. THE BLOCK DEVELOPMENT OFFICER BHAGW3ANPUR HAT, DISTT.- SIWAN 5. THE BLOCK EDUCATION EXTENSION OFFICER BHAGWANPUR HAT, SIWAN 6. HEAD MASTER, PRIMARY SCHOOL ERAZI NAGWAN DISTT.- SIWAN ----------- 02. 29.03.2011 Heard learned counsel for the petitioner and for the State. The relief sought in the application is to restrain shifting of the Primary School Erazi Nagwan to village Nagwan. Learned counsel for the petitioner submits that during the pendency of the writ application the construction of the Primary School has been completed on the new location. Under the Bihar Panchayat Raj Act, 2006, the Gram Panchayat alone is competent under Section 22 (XIII) to promote public awareness and the participation in Primary School including full enrolment and attendance. Under Section 47 Sub-clause-14 the Panchayat Samiti is competent to promote primary education and to control construction, repair and maintenance of Primary School buildings. Section 73 Sub-clause-17 Sub-Clause- 1 2 provides that the Zila Parishad alone is competent to decide on the establishment, which shall naturally include the location of a Primary School. If a statutory procedure has been prescribed for deciding the location of a Primary School, the location can be decided in the prescribed manner only and not in any other manner. If the statutory power of the competent authority has been usurped by others, it is for the authority in whom the statutory power was vested to take an appropriate decision in accordance with law. Grass root democracy requires the Court to leave this matter to the Panchayat Samiti alone to decide. There is no occasion for the Court to interfere at this stage in view of the law laid down by the Supreme Court in 2001 (10) SCC 75 with regard to such matters. The application stands disposed in the aforesaid terms. P.K ( Navin Sinha, J.)