IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.2338 of 2011
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Vindhyachal Choudhary, Son of Sri Raghu Choudhary, resident of Village-
Tetrarh, P.S.-Akorhi Gola, District-Rohtas.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Secretary, Revenue and Land Reforms, Government of Bihar, Old
Secretariat, Patna.
3. The Joint Secretary, Revenue and Land Reforms, Government of Bihar,
Old Secretariat, Patna.
4. The Commissioner, Patna Division, Patna.
5. The Collector, Rohtas at Sasaram.
.... .... Respondents
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Appearance :
For the Petitioner: Mr. N.K. Malhotra, Senior Advocate with
Mr. Binod Kumar Sinha, Advocate
Ms. Sandhya Mishra, Advocate
For the Respondent: Mr. Tej Bahadur Singh, AAG-7 with
Mr. S.S. Mishra, A.C. to AAG-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2. 4.2.2011. This petition under Article 226 of the
Constitution is filed in public interest for implementation
of decision dated 20th March 1986 taken by the then
Additional Collector, District-Rohtas in respect of
construction of a Girls’ School in Tetrarh. From the
record it appears that since the aforesaid decision dated
20th March 1986 approved by the District Collector on
23rd March 1986, on 28th March 1988 the Director,
Primary Education-cum-Joint Secretary, Education
Department, Government of Bihar granted permission
for establishment of a Girls’ School at Tetrarh on the
-2-
terms and conditions mentioned in the permission.
It is the grievance of the petitioner that after
more than two decades the high School for Girls as
envisaged under the aforesaid permission has not come
up in village Tetrarh.
We are of the opinion that the cause of action
is remote. Moreover, the permission was granted to a
non-government High School. There cannot be
compulsion on any private body to construct a Girls’
School.
In our opinion, the present petition in public
interest is misconceived. Hence, rejected.
(R.M. Doshit, CJ)
(Jyoti Saran, J)
Pawan/-