IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1373 of 2011 Hiraman Mahto, son of late Ram Autar Mahto, resident of village – Champapur Mushahri, P.S. Ramgarhwa, District East Champaran ..... Petitioner Versus 1. The State Of Bihar through the Secretary, Panchayati Raj, Government of Bihar, Patna 2. The District Magistrate-cum-Chairman, Bihar Education Project, East Champaran at Motihari 3. The District Superintendent of Education-cum-District Project Coordinator, Bihar Education Project, East Champaran at Motihari 4. the Block Development Officer, Ramgarhwa, At, PO & PS, Ramgarhwa, East Champaran 5. The Block Education Extension Officer, At, PO & PS, Ramgarhwa, East Champaran 6. The Mukhiya, Gram Panchayat Raj Champapur At & PS- Champapur, District East Champaran .......Respondents ----------- 2 21-01-2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is a resident of village Champapur Mushahri under Ramgarhwa PS of district East Champaran. He has preferred this writ petition by way of Public Interest Litigation seeking intervention of this court to ensure that building of Primary school, Mushahri Champapur North is constructed in a plot bearing no. 2694 which according to petitioner will be in accordance with the decision taken by Aam Sabha of the Gram Panchayat as evidenced by annexure-1 and decision of the District 2 Coordination Committee dated 23-2-2010 as contained in annexure-2. According to learned counsel for the petitioner the Mukhiya has now intentions to change the site of the school building and, therefore, lawful decisions are not being implemented and the money amounting to Rs. 6, 74,350/- is not being utilized. It appears that a representation in this matter has been filed by petitioner and some villagers before the District Magistrate, East Champaran, Motihari on 02-12-2010 which has been endorsed by the District Magistrate, as appears from annexure-3, to Block Education Extension Officer, Ramgarhwa. As to what will serve public interest better in the aforesaid circumstances cannot be properly decided by this court. Hence, the District Magistrate, East Champaran, Motihari is expected to ensure that the Block Education Extension Officer takes a decision and submits an enquiry report to the District Magistrate so that it can be ensured that school is being built on a site selected in accordance with law and it will serve public interest. Final decision in accordance with law should be taken 3 expeditiously, preferably, within three months. The writ petition is disposed of. BKS/- (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)