IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3161 of 2010 1. SANGEETA DEVI W/O VINESH PRASAD R/O VILL.-KEWALI, P.S.- KHUDAGANJ, DISTT.- NALANDA, PRESIDENT SCHOOL EDUCATION COMMITTEE UPGRADED MIDDLE SCHOOL, KEWALI ( ISLAMPUR ) NALANDA 2. PREMCHAND KUMAR S/O SRI SITARAM PRASAD R/O VILL.- KEWALI, P.S.- KHUDAGANJ, DISTT.- NALANDA, SECRETARY OF SCHOOL EDUCATION COMMITTEE UPGRADED MIDDLE SCHOOL, KEWALI, ISLAMPUR, NALANDA 3. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPTT. OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR PRIMARY EDUCATION DEPTT. OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE NALANDA 4. THE ADDITIONAL COLLECTOR NALANDA 5. THE CIRCLE OFFICER ISLAMPUR, NALANDA 6. THE BLOCK DEVELOPMENT OFFICER ISLAMPUR, NALANDA 7. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAM CO-ORDINATOR BIHAR EDUCATION PROJECT, SARVA SIKSHA ABHIYAN, NALANDA 8. THE BLOCK EDUCATION AND EXTENSION OFFICER ISLAMPUR- 2 NALANDA ----------- 2. 13.05.2011 Heard learned counsel for the petitioners and the State. The petitioners are stated to be the President and Secretary of the School Education Committee, Islampur. It is submitted that certain lands were donated by one Shadu Saran Prasad, to the State Government by registered document for purposes of a school. The land cannot be used by the authorities for any other purpose. Consequently, the Panchayat Samiti resolved for setting up of an upgraded Primary Middle School on the lands. Funds were 2 allotted and 80% of the construction completed when respondent nos. 7 and 8 have stayed further construction observing to shift the location of the school to another place. Counsel for the State very fairly acknowledges that under Rule 73, 17(1) of the Bihar Panchayat Raj Act, 2006 it is the statutory jurisdiction of the Zila Parishad alone to decide on the establishment of the school and which includes the location. Let the Zila Parishad concerned consider the matter in accordance with law keeping in mind that the school is stated to have been established on lands donated for the purpose, 80% of the construction is alleged to be completed and the Panchayat Samiti had approved the location. The Court expects that the Zila Parishad will act with prudence so that the time and money already spent is not wasted and education is made available to children at the earliest. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)