IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5934 of 2010 1. RAJBALLABH RAI S/O LATE LAKHICHAND RAI R/O VILL BAIJU BARHOGA, BRITI TOLA, P.S.BASANTPUR, DISTT-SIWAN Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE DIRECTOR , PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER SARAN DIVISION, SARAN 4. THE DISTRICT MAGISTRATE SIWAN, BIHAR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN, BIHAR 6. THE BLOCK DEVELOPMENT OFFICER BASANTPUR, DISTT- SIWAN, BIHAR 7. THE BLOCK EDUCATION EXTENSION OFFICER BASANTPUR, SIWAN 8. THE MUKHIYA PANCHAYAT BAIJU BARHOGA, BLOCK BASANTPUR, DISTT-SIWAN 9. THE PANCHAYAT SECRETARY PANCHAYAT BAIJU BASHOGA, BLOCK-BASANTPUR, DISTT-SIWAN ----------- 03. 03.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to have donated his lands at khata no. 275, survey no. 1068 in Mouza- Baijubarhoga, Briti Tola in the name of the Governor of Bihar as far back as 30.3.1989 for construction of a primary school. His grievance is that the respondents are proposing to construct the school at another location. When he represented before the Block Development Officer, the Mukhiya has allegedly released fund for construction of the school building on another land. The location and establishment of schools is 2 primarily a matter of executive policy. If, there are no violations of statutory provisions with regard to the location or grave of mala fides the writ Court under Article 226 shall not interfere in such matters as held in 2001 (10) SCC 75 ( Raj Shikshan Prasarak Mandal Versus State of Maharashtra). On promulgation of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) under Section- 22 (xiii) of the Act the power of the Gram Panchayat delineates promotion of public awareness and participation in primary education, ensuring full enrolment and attendance in primary school and their management. The duty of the Panchayat Samiti under Section- 47 (14) of the Act is to promote primary education, construction, repair and maintenance of primary school buildings. The establishment of a primary school, and which undoubtedly shall include the location at which it is to be established, is the exclusive privilege of the Zila Parishad under Section- 73 (17) (i) of the Act. Therefore the location of a primary school can be decided by the Zila Parishad alone and not by any third person or authority. If the Zila Parishad resolves for the lands of the petitioner for establishment of the school, let it be so done. If the Zila Parishad resolves otherwise, the land claimed to have been donated by the petitioner are required to revert to him. Unless, any fresh 3 agreement is arrived at between the petitioner and the State with regard to manner of usage other than that for which it was donated. The application stands disposed. P.K ( Navin Sinha, J.)