IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18041 of 2008 Sudarshan Prasad, son of Sri Kali Paswan, Panch ward No.7 (Gangapur) of Sherpur Gram Kachahari, village Gangapur, PS Karpi, District Arwal – Petitioner. Vs. 1) The State of Bihar. 2) The Chief Secretary, Bihar, Patna. 3) The Principal Secretary, Human Resources Department, Bihar, Patna. 4) The Dist. Magistrate, Arwal. 5) The Dist. Supdt. Of Education, Arwal. 6) The Circle Officer, Sonbhadra Bansi Block, Suryapur, Arwal. 7) The Block Dev. Officer, Sonbhadra Bansi Block, Suryapur, Arwal. 8) The Headmaster, Newly created Primary School, Gangapur. 9) The Secretary, Bidyalay Shiksha Samiti, Gangapur, Sonbhadra Bansi Suryapur, Arwal – Respondents. 4 18.11.2011 Heard learned counsel for the parties. The petitioner being Ward Member of the village, has filed this writ petition claiming that the school should be constructed on plot no. 96, khata no.3 measuring 15 decimals in village Gangapur. This land has been donated in the name of the Governor of Bihar by Ashok Paswan, Vijay Paswan and Dhuri Paswan and Raj Kishore Paswan. Apparently the District Superintendent of Education had by Annexure 4, vide letter no.1146, dated 29.5.08 had granted permission for establishment of the school on this piece of land. The allegation made by the petitioner is that one Manoj Yadav had fraudulently withdrawn the money for construction of the building which is now being constructed at a distance of 40 meters from the proposed school building. The present school building is being constructed on khata no.47, plot no. 59 having an area of 7 decimals. (The area of the land has wrongly been mentioned as it has been mentioned in the counter 2 affidavit that it is 12 decimals). When the new construction began, the villagers of Gangapur filed objection to their ward member and others. The construction of the new school building was stopped. After the construction was stopped, an enquiry was instituted by the District Magistrate, Arwal. The District Magistrate called for a report from the D.C.L.R. The D.C.L.R. has reported that a meeting was held in which there was consideration of the application received from the villagers near and about the place, where the new building was being constructed. After considering all the applications received, the District Level Committee chose khata no. 47, plot no.59 as an appropriate place for construction of the school building. While making enquiry the D.C.L.R. noted that it was only on the report of the Circle Officer that the District education Officer, Arwal had recommended for the construction of the school building on the plot donated by the Paswans mentioned above. It has been mentioned that in fact the location of the area is at the far end of the village and is not proper place for construction a and running of the school as it caters to a selected section of the population. This court finds from the report of the D.C.L.R. which is at Annexure C/5 that the present school building is being constructed just 40 meters away from the place where the petitioner wanted to construct the school building. It would in fact be no distance for the children to go to the school whether they belong to scheduled caste or any other community. This court also takes note of the fact that the school building is almost complete 3 as per the inspection made on 5.6.2008 by the D.C.L.R. Having noted all these facts this court cannot help but express its displeasure over the piece meal way in which the State authorities i.e. revenue authorities and the officials of the Education Department function in these matters. In such cases it is always better to call the officials of the Education Department and the revenue authorities along with the representative of the people of the area while taking a decision. The petitioner’s hopes were raised because of issuance of Annexure 4 i.e. letter of the District Education Officer, dated 29.5.2010. This court, therefore, directs that on an application be made before the Collector, he may pass an appropriate order for release of the land which was donated by the Paswans aforesaid since it is not being utilized for the purpose for which the land was donated. The donees, on the other hand, may also make an application to the District Magistrate for utilizing the land for any other public purpose. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J .)