IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9317 of 2010
HARENDRA PRATAP SINGH,ADVOCATE S/O SRI
BRAHMA DAYAL SINGH, R/O VILLAGE -
NARBIRPUR, PANCHAYAT - NARBIRPUR, P.O. NARHI
- CHANI, P.S. KOELWAR, BHOJPUR (ARA), PROPOSED
DIVISION - SHAHABAD (ARA) AND PRACTICING AS
AN ADVOCATE, A MEMBER OF ADVOCATES'
ASSOCIATION, ADVOCATES' HOUSE, PATNA HIGH
COURT, PATNA BIHAR ( IN PERSON)
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, HUMAN RESOURCES
DEVELOPMENT DEPARTMENT, (EDUCATION
DEPARTMENT) GOVERNMENT OF BIHAR, NEW
SECRETARIAT, VIKASH BHAWAN
2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA
3. THE PRINCIPAL SECRETARY, HUMAN
RESOURCES DEVELOPMENT DEPARTMENT
(EDUCTION DEPARTMENT) GOVT. OF BIHAR,
PATNA
4. THE DIRECTOR (MADHYAMIK) EDUCATION
DEPARTMENT, GOVT. OF BIHAR, PATNA
5. THE DEPUTY DIRECTOR (MADHYAMIK)
EDUCATION DEPARTMENT, GOVT. OF BIHAR,
PATNA
6. THE REGIONAL DEPUTY DIRECTOR, EDUCATION,
PATNA DIVISION, PATAN
7. THE COMMISSIONER, PATNA DIVISION, PATNA
8. THE DISTRICT MAGISTRATE-CUM-COLLECTOR,
BHOJPUR (ARA), PROPOSED DIVISION SAHABAD,
BIHAR
9. THE DISTRICT EDUCATION OFFICER, BHOJPUR,
ARA
10. THE SUB-DIVISIONAL OFFICER, (MAGISTRATE)
SADAR, ARA
11. THE SUB-DIVISIONAL EDUCATION OFFICER,
SARA ARA
12. THE BLOCK DEVELOPMENT OFFICER, KOELWAR,
BHOJPUR, ARA
13. THE CIRCLE OFFICER, KOELWAR, BHOJPUR, ARA
14. THE HEADMASTER, HARBANSH HIGH SCHOOL,
CHANDI, PANCHAYAT - NARBIRPUR, BHOJPUR,
ARA
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15. THE REGISTRAR, REGISTRY OFFICE, BHOJPUR,
ARA,
16. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION
BOARD, PATAN
17. THE SECRETARY, BIHAR SCHOOL EXAMINATION
BOARD, PATAN ......... RESPONDENTS
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2 22/6/2010 The petitioner is a practicing Advocate of this
court and has appeared in person.
Heard the petitioner and learned counsel for
the State.
The grievance of the petitioner is that land
belonging to Harbansh High School, Chandi, Panchayat-
Narbirpur, P.O. Narhi – Chandi, District- Bhojpur (Ara)
has been illegally grabbed by private persons and the
State, which is supposed to protect the land of this
school which has been taken over as Government
School in 1970, is not taking appropriate action. The
other grievance of the petitioner is that the concerned
respondents should take steps to initiate Intermediate
course in the said School at the earliest.
Although a number of documents have been
annexed with the writ petition and the supplementary
affidavit to show that in the cadastral survey the School
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was having approximately 10 acres of land, it is not
found feasible to enquire into such matter for the first
time in writ jurisdiction. Hence, this writ petition
purporting to be in public interest is disposed of with
liberty to the petitioner that he may approach the
Collector/District Magistrate, Bhojpur at Ara with a
detailed representation along with relevant papers. If
such a representation is filed then the Collector shall
take required steps and must hold an inquiry or get an
inquiry held in the matter so that lawful steps may be
taken to protect the land of the School, if it has been
grabbed by others illegally. The required action should
be taken by the Collector, Bhojpur at Ara expeditiously
preferably within six months from the date of filing of
the representation along with a copy of this order.
( R. M. Doshit, CJ.)
(Shiva Kirti Singh, J.)
Neyaz/