IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14592 of 2009 2 4.11.2009 Naresh Rai Son of Bilash Ra9i resident of Village Jalalpur Purab Tola P.O. Sarif Jalalpur, PS Basantpur, Distt. Siwan .... Petitioner VERSUS 1. The State of Bihar through the Director, Primary and Middle School, Old Secretariat, Patna 2. The Director, Primary and Middle School, Old Secretariat, Patna 3. District Magistrate, siwan 4. Anchal Adhikari, Lakrinaviganj Block, Siwan 5. Block Education Extension Officer, Lakrinaviganj Block, Siwan 6. District Education Superintendent- cum- Programme Coordinator, Sarva Shiksha Abhiyan, Siwan 7. Shankar Manjhi Son of Rajwali Manjhi Mukhiya, Bhopatpur Panchayat under Lakirinaviganj Block R/O Village Balla, PO Kishsunspur, P.S. Basantpur, Distt. Siwan .... Respondents ----- For the Petitioner : M/s S.S.Sharma and Arun Kr. Sinha, Advocates For the State : M/s R.C.P. Bharti, SC 14 with A.Kumar, AC to SC 14 ----- Heard the parties. Petitioner is aggrieved by decision of Mukhiya of Bhopatpur Gram Panchayat according to which a primary school in Jalalpur Purvi Tola said to have been established since 2004 on a gifted land is proposed to be shifted to another site in the village. In the facts and circumstances of the case, we are 2 of the view that this matter can be better appreciated on fact and on law by the District Magistrate, Siwan or any other officer to whom the matter may be entrusted by the District Magistrate. Hence, the writ petition is disposed of with liberty to the petitioner that if so advised, he may approach the District Magistrate, Siwan with a copy of this order and a representation. If such a representation is filed before respondent no.3, the District Magistrate, Siwan then the same should be considered on its own merit and appropriate action should be taken at an early date, preferably within three months. (Shiva Kirti Singh,ACJ) (Shyam Kishore Sharma,J.) sk