IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8202 of 2010 CHUALAL TRUST BOARD THROUGH MANAGING TRUSTEE, JAI PRAKASH SINGH, S/O LATE BHAGWAT PRASAD SINGH, VILLAGE+P.O. BHADAS, P.S.- KHAGARIA,DISTRICT-KHAGARIA. --------------PETITION ER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE,KHAGARIA. 4. THE NAVODAYA VIDYALAYA SAMITI THROUGH ITS DEPUTY COMMISSIONER, REGIONAL OFFICE ,BORING ROAD ,PATNA-13. 5. THE DEPUTY COMMISSIONER,NAVODAYA VIDYALAYA SAMITI REGIONAL OFFICE BORING RAOD, PATNA-13. -------------------RESPONENTS. ----------- 2 10-05-2010 Heard counsel for the parties. In this Public Interest Litigation the petitioner being the Managing Trustee of Chualal Trust Board, Bhadas, district-Khagaria has made a prayer for a direction to the District Magistrate, Khagaia to complete the registration and transfer of the land in favour of Navodaya Vidayalaya Samiti so that construction of school could be done for the benefit of poor and 2 meritorious children of khagaria district as required by Navodaya Vidayalaya Samiti. Counsel for the petitioner while pressing for the aforementioned relief has submitted that an offer was made by the Managing Trustee of Chualal Trust Board for giving land to the Navodaya Vidayalaya Samiti for establishment of a Navodaya Vidayalaya in Khagaria district and such proposal also received support and approval of the Anchaladhikari, Khagaria, who vide his letter No.267 dated 8.3.2007 while submitting the enquiry report had made a recommendation for accepting the donation of the land from the Trust so that building of the Navodaya Vidayalaya could be constructed. He has further placed reliance on the resultant order of the Collector, Khagaria district contained in his memo dated 15.3.2008, whereby and whereunder, a decision communicated as with regard to registration of the land in the name of Navodaya Vidayalaya Samiti by allowing exchange of land of the Trust. The grievance of the petitioner is that despite a clear order of the Collector dated 15.3.2008 nothing 3 tangible was done in a period of last two years and as a result thereof 400 students who mainly belonging to the poorer section of the society have been deprived in each and every year for being admitted and getting quality education in Navodaya Vidayalaya. Counsel for the State, on the other hand, submits that there appears to be some dispute with regard to ownership and transfer of the land, inasmuch as, the land which is sought to be transferred by the petitioner in the capacity of trustee of the trust is under unauthorized occupation of some private individuals whose removal can cause serious law and order problem in the district administration. In the considered opinion of this Court, the district administration led by the Collector of the district has to find out some solution for implementing his own order dated 15.3.2008. This Court would, however, make it clear that the grant of land to the Navodaya Vidayalaya Samiti either by the State Government or by the agency like Chualal Trust can only be allowed if they do not infringe the right of any third party. The alleged 4 encroachers are not before this Court in this writ application and therefore this Court would refrain from issue any further directions save and except that it would be open for the petitioner to approach the Collector of the district for implementing the latter’s order dated 15.3.2008 (Annexure-2). The Collector of Khagaria district is expected to consider the whole issue with an open mind so that the Navodaya Vidayalaya in Khagaia district becomes functional in a full flagged manner enabling it to function in the interest of students belonging to poor and down trodden community of the district. We, accordingly, dispose of this writ application by giving liberty to the petitioner to approach the Collector of Khagaria district who would pass necessary orders within a period of three months from the date of filing of the representation by the petitioner along with a copy of this order. It is, however, made clear that this Court has not gone into merits of claim of the petitioner as with regard to bonafide in donating the land of the trust and/or 5 correctness of the order of the Collector of Khagaria district dated 15.3.2008. It will be, however, open for the Collector of Khagaria district to pass necessary orders within the aforementioned time frame so that Navodaya Vidayalaya Khagaria becomes functional at an early date. With the aforementioned observations this application is disposed of. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)