SHYAM BIHARI GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks the relief for establishment of the Primary School at Vidhi Khap (Dinara South) Tola in lieu of Vidhi Khap (Bhagwanpur Tola). It is submitted that the petitioner donated his lands for the purposes duly approved by the State on 18.10.2007, whereafter the registered deed was executed on 29.10.2007 and mutation done in the name of the State. The Aam Sabha resolved upon the location of the primary school whereafter the lands were donated.

(2.) Learned counsel for the State submits from the counter affidavit that no new school has been established, but only the extension of the earlier school has been done. The present location of the school has been found convenient as per the report of the Block Education Extension Officer and the Junior Engineer, Bihar Education Project and the building completed.

(3.) The location of a school is primarily an executive act to be decided by the authorities concerned, who are best suited and equipped to do so. Therefore it has been held in, RAJ SHIKSHAN PRASARAK MANDAL VS STATE OF MAHARASHTRA, 2001 10 SCC 75that the writ Court shall not interfere in such matter unless there be any allegations of statutory violations. Section 73(17)(I) of the Bihar Panchyati Raj Act vested the authority in the Zila Parishad for deciding the location for establishment of Primary and Secondary school. That the Aam Sabha may have resolved in favour of lands of the petitioner shall not suffice in absence of the necessary resolution of the Zila Parishad. There is no such pleading by the petitioner. To that extent, the Court finds it difficult to grant any relief to the petitioner with regard to the establishment of the school.