Jharkhand High Court
Shekhar Kumar Sinha vs The State Of Jharkhand And Ors on 26 February, 2015
Author: D. N. Patel
Bench: D.N. Patel, Pramath Patnaik
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (P.I.L) No. 4121 of 2014
Shekhar Kumar Sinha son of Sri Bimal Kumar Sinha, resident of Pandeydih
Chandore, P.O. Sijua, P.S. Tetulmari, District Dhanbad (Jharkhand)
..... ..... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commission, Dhanbad, P.O., P.S and District Dhanbad
3. The District Superintendent of Education, Dhanbad, P.O., P.S and
District Dhanbad
4. The Bolck Education Officer, Baghmara, Dhanbad, P.O., P.S and District
Dhanbad
5. The Chairman-cum-Managing Director, Bharat Coking Coal Limited,
Koyala Bhawan, P.O. Koyala Nagar, P.S. Saraidhela, Dist Dhanbad
6. The Chief General Manager, Sijua Area, V, B.C.C.I, Dhanbad
7. The Project Officer, Tetulmari Colliery, B.C.C.I., and P.S. Tetulmari,
District Dhanbad.
..... .... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE PRAMATH PATNAIK
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For the Petitioner : Mr. Pravin Kr. Rana, Adv.
For the Respondents : Mr. A.K. Mehta.
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5/Dated:26.02.2015
Per D. N. Patel, J.:
1. This writ petition has been preferred with following prayers:
"That, through the instant application, the petitioner prays before this Hon'ble Court for the issuance of a writ in the nature of mandamus directing the respondents, specially respondents no.5 to 7, to pass appropriate order on the representation of the petitioner, so that the respondents/management allocate sufficient land in the name of School management of 'Rajkamal Nursery Madhya Vidyalaya 'Chandor', Dhanbad for construction of school building alongwith sufficient fund thereon in public interest in view of the fact that the School premises of 'Rajkamal Nursery Middle School, 'Chandor', Katras has been shifted to Primary School, Pandeydih, Katras in terms of office order containing Memo No.2035 dated 29.06.2013 issued by the respondent no.3, due to precautionary reason which resulted difficulties to the students of the school in question"
2. Having heard counsels for the sides and looking to the facts and circumstances of the case, it appears that this is not a Public Interest Litigation at all. The school management of 'Rajkamal Nursery Madhya Vidyalaya 'Chandor', Dhanbad may be shifted to another place because the children of that School are getting various diseases and the place at which 2. the School is running is not a fit place for the School and, therefore, this writ petition has been preferred.
3. It appears that the main contention of this petitioner is that the School in question is nearby the coal colliery and because of dust there are all chances that they may suffer. This Court has no expertise knowledge that at what distance the School must be constructed from the colliery. We are leaving at the discretion and wisdom of the respondent authorities.
4. We, therefore, direct the respondent-State to enquire into the matter and if need arises, the School may be shifted at other place.
5. With this observation, this writ petition (Public Interest Litigation) stands disposed of.
(D.N. Patel, J.) (Pramath Patnaik, J.) RKM/Saket