Patna High Court - Orders
Nand Kishore Rai vs The State Of Bihar & Ors on 4 July, 2013
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12505 of 2013
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Nand Kishore Rai
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : M/s. Surendra Kr. Singh with
Sudha Chandra, Advocates
For the Respondent/s : Mrs. Madhubala Verma, AC to GA 2
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
2 04-07-2013Learned counsel for the petitioner and learned A.C. to G.A.-2 for the State are present.
The writ petition has been filed for a direction to the respondents to construct the Government Primary School, Laxmipur, Kakorba on land bearing Khata No. 84, Plot No. 1411, Mauza-Bardipur, Block-Kiratpur in the District of Darbhanga.
Learned counsel for the petitioner submits that the School was running on the said plot, which was donated by the late father of the petitioner, since about 48 years when all of a sudden the present Headmaster (respondent no. 10), due to ulterior motives, shifted the School to a place outside the village and by making a temporary hut and claiming that the School was running from the new premises. It is his case that attempt is being made to construct the building of the School from government fund at the Patna High Court CWJC No.12505 of 2013 (2) dt.04-07-2013 2/3 new place ignoring the fact that the School was established and running on the aforesaid plot since the year 1965 and thus the same could not have been shifted to any other plot. Learned counsel further submits that the new place from where the respondent no. 10 is said to be running the School bears Khata No. 254 and Plot No. 1566 of the same Mauza and Block though there are only 20 students. Learned counsel has also drawn the attention of this Court to a memo of charge issued against the said Headmaster for this illegal and unauthorized act. The Block Education Officer has also been noticed with regard to such irregularity. It is submitted that the brother of the petitioner had also moved before this Court earlier in C.W.J.C. No. 5309 of 2012 and a Division Bench of this Court by order dated 21 st March, 2012 had directed the District Magistrate, Darbhanga to dispose off the representations. According to him, the same has not been done till date. Learned counsel also submits that the pendency of the said representation will clearly result in government fund being used for constructing the building illegally on the unauthorised site and the respondent no. 10 would succeed in his nefarious activities.
Learned counsel for the State prays for and is granted four weeks time to file detailed counter affidavit. Patna High Court CWJC No.12505 of 2013 (2) dt.04-07-2013 3/3
Let notice be issued to the respondent no. 10 both under registered cover with A.D. as well as under ordinary process for which requisites etc. must be filed within one week from today.
List this case soon after service of notice under 'Admission-1'.
Until further orders, no government fund shall be used for making any building of Government Primary School, Laxmipur, Kakorba over land bearing Khata No. 254, Plot No. 1566, Mauza- Bardipur under Kiratpur Block in the District of Darbhanga.
Learned counsel for the State shall inform the authorities with regard to this order.
Learned counsel for the petitioner shall also serve a copy of this order on the respondents no. 4 to 10 within one week from today.
(Ahsanuddin Amanullah, J.) Anjani/-