RAM SARAN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) UNDER the Scheme of the State Government, a primary school was sanctioned for village Saraiya Kanu, Block Sangrampur, District Sultanpur and the State Government has also released funds for construction of the said school. The petitioner who is a resident of neighbouring village Saraiya Padan, Post Office Visheshar Ganj, Tehsil Amethi, District Sultanpur and Up -Pradhan of village Panchayat Saraiya Kanu, Block Sangrampur, Amethi, District Sultanpur, has preferred this writ petition with the allegations that the Pradhan of the village is illegally getting the school building constructed on plot No. 717, situate in village Saraiya Kaity instead of plot No. 126, about which recommendation was made by the Lekhpal. It is also alleged that there is also a primary school in village Kanupurey Ghosha not far from plot No. 717. In these circumstances, the petition is disposed of finally with the direction to the District Magistrate concerned to visit the spots of concerned villages within two weeks from the date a certified copy of this order is produced before him. He shall take a decision as to at which place the school building is to be constructed. His decision in this regard shall be final. In case he comes to the conclusion that plot No. 717 or 126 are suitable, he shall pass orders for constructions of the building on that plot. If he finds that none of these plots are suitable and some other plot of gram sabha is available, he shall pass orders for construction of the school building on that plot and in that case, the Land Management Committee of gram panchayat shall pass appropriate resolutions. The District Magistrate may hear such of the villagers who are present at the time of his visit.

(2.) TILL the District Magistrate concerned takes decision in the matter in the manner directed above, further construction of the school building shall not be done.