IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8447 of 2007 SHIV MAHALDAR, son of Sita Mahaldar, resident of village / PO – Duldulia, P S – Pirpaiti, Town – Pirpaiti, District – Bhagalpur Versus 1. THE STATE OF BIHAR through Collector, Bhagalpur. 2. The Principal, L N High School, Mallickpur, Vill / PO – Duldulia, P.S. Pirpaiti, District – Bhagalpur. 3. Circle Officer, Pirpaiti, Bhagalpur. 4. District Magistrate, Bhagalpur, town Bhagalpur, Bihar. 5. Sub Divisional Officer, Kahalgaon, District – Bhagalpur, Bihar. --------- 04. 21.04.2010 Vide order dated 29.1.2008 the order of cancellation passed against the petitioner contained in annexure- 3 dated 2.6.2007 came to be stayed. Respondents were directed to file counter affidavit in this regard including respondent No.2 to the writ application who happens to be the Principal of L N High School, Mallickpur, in village Duldulia, P.S. Pirpaiti, in the district of Bhagalpur. Case of the petitioner is that on the recommendation of the higher authority, the erstwhile Principal and the Circle Officer of Pirpaiti entered into an agreement with the petitioner for settling a pond known as Jichho Pokhar for the period October, 2004 to October, 2012. The settlement was made on a total figure of Rs.3,52,800/-. The pond in question fell within the school campus and land. By virtue of annexure-3, based on a recommendation or a decision of the so-called Vidyalaya Sewa Prabandh Samiti, a communication was made annulling the said contract. This the petitioner terms as an arbitrary and illegal exercise. 2 In the counter affidavit filed on behalf of the Circle Officer it is stated that certain enquiry was carried out and enquiry report in this regard has already been brought on record. The report of the Circle Officer reveals that the stand of the School Management is not in accordance with law. Settlement had been made after carrying out proper exercise in this regard and the same cannot be brought to an end abruptly. The stand of the Principal in the I.A. which has been filed and numbered as I.A. No. 1704 of 2008, is that settlement for 8 years was made in breach of the recommendation of the Bihar Legislative Assembly where it was categorically stated that settlement of the agricultural land, pond, garden belonging to school would not be made beyond three years. Recommendation of the Legislative Assembly must be transformed into some kind of governmental order. In absence of government order or direction in this regard , mere recommendation of the House is not binding. In addition to that the court also records that if any agreement had been entered into, the same cannot be unilaterally annulled by way of communication, which is annexure-3 to the writ application. If any infirmity is found in the agreement, parties to the said agreement will have to take recourse of a civil court of competent jurisdiction or any court or forum which has authority on the issue. In absence of any exercise being done 3 Annexure-3 has no legal ground to stand. The same stands quashed. If the school authorities are of considered opinion that the agreement needs to be annulled, they may approach the competent forum in this regard and seek cancellation. The writ application is allowed. rkp ( Ajay Kumar Tripathi, J )