IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7953 of 2008 Mathura Singh 'Akela' son of Ram Nandan Yadav, resident of Village- Paaiyachak, P.O.- Ranipur, P.S.- Paliganj, District- Patna. …………… petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna. 3. The District Superintendent of Education, Patna. 4. The Block Development Officer, Paliganj, District- Patna. 5. The Block Education Extension Officer, Paliganj, District- Patna. 6. The Circle Officer, Paliganj, Dist- Patna. 7. The Mukhiya, Gram Panchayat Raj, Mahabalipur, Paliganj, District- Patna. ……………. Respondent. ----------- 3 19.07.2011 The present writ application has been filed for quashing the order dated 14.02.2007, passed by the Circle Officer, Paliganj directing the Block Education Extension Officer, Paliganj to construct the school on the land bearing Khata No. 409, Khesra No. 1307 situated in Padaiya Chak village under the Paliganj Police Station, since the construction will obstruct the irrigation process of the area as the land in question is used as water reservoir. The prayer has also been made that some land has been donated by the villagers for construction of the school, hence the same may be used for construction of the school and in the meantime, the construction should be 2 stopped. A counter affidavit has been filed on behalf of respondent nos. 2 to 6 taking the stand that the nature of the land in question has changed as on the part of the same land, the community hall has been constructed in which, at present, the school is running. Paragraph 8 of the counter affidavit reflects that the respondent also admit that the land is used as water reservoir. The donation of land is admitted by the respondent authorities but it is contended on behalf of the respondents that the donated land is measuring an area of about 61/2 decimals, but, as per the circular of the Revenue and Land Reforms Department, Government of Bihar, 10 decimals of land is required for construction of the school. The further argument of the respondent is that the present land is situated in the middle of the two tolas of the village, whereas, the gifted land is situated in northern end of the village. It is submitted by learned counsel for the petitioner that the public petition was also submitted, as contained in Annexure-2, for not changing the nature of the water reservoir used for agricultural purposes. 3 Considering the rival contentions of the parties, particularly, the stand of the respondents, it is apparent that the land in question was used as water reservoir by the villagers, whereupon initially, some community hall was constructed and on the basis of this plea, further construction is sought to be made there. In the circumstances, let the District Magistrate, Patna (respondent no.2) get the enquiry conducted as to under what circumstances, the community hall was constructed disturbing the water reservoir and now the school is being sought to be constructed on the same land and to take the appropriate measure for protecting the water reservoir if at all it is still viable for the irrigation purposes. The counter affidavit does not reflect that the construction of the school has started as yet. In such circumstances, if it has not been started then it will not be started, till a District Magistrate takes the final decision in the matter. With the above observation, this application is accordingly, disposed off. Amrendra/ ( Dinesh Kumar Singh, J) 4