IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1183 of 2007 Ram Naresh Prasad Yadav S/o Late Tapsi Rai, Resident of Village- Ghormara, P.O.- Phulwar, P.S. Banjaria, District East Champaran …… ….. Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Motihari, East Champaran 3. The District Development Commissioner, Motihari, District East Champaran 4. The District Superintendent of Education, Motihari, East Champaran 5. The Block Education Extension Officer, Banjaria Block, East Champaran 6. The Head Master, Govt. Primary School, Ghormara, Banjaria Block, East Champaran …. ….. Respondents ----------- For the Petitioner :M/s Dhirendra Singh & Pravin Kumar, Advocates For the State :Mr. Deepak Kumar, A.C. to G.P. – X For the Intervenor :Mr. Hemendra Prasad Singh, Advocate 02/ 26.07.2011 Heard learned counsel for the petitioner, the State as also the counsel for Sri Bachchu Rai, who is desirous of having the school building raised over plot no. 671 in the light of the office order bearing Memo No. 178 dated 17.3.2005, Annexure-2. 2. This writ petition has been filed praying, inter alia, to set aside the office order bearing Memo No. 178 dated 17.3.2005, Annexure-2 whereunder it has been directed that the Primary School, Ghormarwa, Banjaria shall be established over plot no. 671 appertaining to khata no. 129 on the ground that said plot is not better suited for 2 establishing the said primary school as the same is outside Ghormarwa village and lack infrastructure for establishing the school. In this connection, it is pointed out that plot no. 607 appertaining to khata no. 31 is better suited for establishing the said school as over plot no. 607, two room building is already raised with toilet and drinking water facility. In this connection, it is also submitted that a report was received from the Range Education Officer, Areraj, who was also of the opinion that plot no. 607 is better suited for establishing the said school. 3. This Court will not decide as to which of the aforesaid two plots is better suited for establishing the Primary School Ghormarwa. 4. Let the District Magistrate, East Champaran at Motihari himself visit the two plots and decide as to which of the two plots is better suited for establishing the Primary School, Ghormarwa and while visiting the two plots, the District Magistrate, East Champaran at Motihari shall also consider the earlier reports submitted in this regard. 5. Appropriate decision in the matter be taken by the District Magistrate, East Champaran at Motihari as 3 early as possible, in any case within one month from the date of receipt/ production of a copy of this order before the District Magistrate, East Champaran at Motihari. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)