KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Alok Kumar Sinha, learned senior counsel appearing for the petitioner along with Mr. Bhola Kumar, the Advocate on record, Mr. Ashutosh Ranjan Pandey, learned Additional Advocate General No. 15 who appears with Mr. Shashi Shekhar Tiwary, learned Assisting Counsel to Additional Advocate General No.15 and Mr. Kumar Priya Ranjan, learned counsel appearing for the Railways.

(2.) The writ petition had been filed in public interest because the functioning of the primary school at village Satauli Bujurg, Block- Fatuha, P.S. Gaurichak, District Patna was being disturbed by execution of a railway project. Consequentially, the school was being shifted in a nearby upgraded school and what concerned the petitioner raising in public interest is that the identity of the primary school could not be wiped out even if the arrangement could be temporary.

(3.) It is on being put on notice that the State in its Education Department did what was the most convenient and that is to withdraw the order whereby the primary school was kept functional in the nearby upgraded school. This disturbed the Railways because they needed the land which had been acquired more than a decade back for laying the railway line and but for the existence of the school, it could not be completed. In so far as the issue raised in the public interest litigation is concerned, the cancellation order satisfies the petitioner because the school is not going to be disturbed any more but since by such action the railway project was obstructed that Mr. S. D. Sanjay, learned Additional Solicitor General drew the attention of this Court on the strange position. This Court taking note of the fact that one issue of public interest if satisfied, was proving detrimental to another which again was in larger public interest i.e. completion of the railway project that we decided to put the Principal Secretary, Education Department and the Principal Secretary, Revenue and Land Reforms Department on notice as to why, where the acquisition proceeding stood completed in the year 2006, the land was not being handed over to the Railways and the school had not been reallocated at a nearby place.