The petitioner challenged a proposal to construct a godown on school premises. The Court found boundary details unclear but directed the Collector to demarcate school land within 30 days and defer construction until then.
Directed District Collector, Vaishali to demarcate school land within 30 days and defer construction of the godown till that time.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12273 of 2014
====================================================== Vijay Paswan S/o Late Laxmi Paswan Resident of Village Hasanpur Osti, Block Mahua, P.S. Mahua, District Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Human Resource, Government of Bihar, Patna. 3. Principal Secretary, Department of Co-operative, Government of Bihar, Patna. 4. The District Magistrate-cum-Collctor, Vaishali at Hajipur. 5. The Sub Divisional Officer, Mahua, Vaishali. 6. District Co-operative Officer, District Vaishali. 7. The Circle Officer, Mahua, District Vaishali. 8. Block Development Officer, Mahua, District - Vaishali. 9. Block Education Officer, Mahua, District - Vaishali. 10. Head Master, Middle School, Osti, Mahua, District - Vaishali. 11. Officer-in-charge of Mahua Police Station, Mahua , Vaishali. .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Rajeev Ranjan, Adv. For the Respondents : Mrs. Namrata Mishra, GA. 13. Mr. Alok Ranjan, AC. to GA. Mr. Gyanendra Kumar Shukla, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 07-01-2015 The petitioner claims to be the deputy Mukhia of Panchayat- Osti, Mahua, Vaishali. This writ petition is filed alleging that the respondents are proposing to construct a godown for Primary Agricultural Cooperative Credit Society (P.A.C.C.S.), within the premises of the Middle School,
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Osti.
Smt. Namrata Mishra, learned advocate, has received notice for the respondents and obtained instructions.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Learned counsel, who appeared for the owner of the land, has also advanced arguments.
The record is not clear as to the exact extent
of the land earmarked for the school as well as its boundaries. Though some correspondence is placed before this Court, it is not final and clear. We find it difficult to record a specific finding under these circumstances.
However it is the duty of the authorities of the Government to ensure that no land owned by the school is put to any other use, and to resolve the boundary disputes, if any, in this behalf.
We, therefore, dispose of this writ petition directing that the District Collector, Vaishali, i.e. Respondent No.4, shall take necessary steps to get the land of the school demarcated, after issuing notice to the concerned, within a period of thirty days from today. The
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construction of the godown shall be deferred till that time. Necessary step shall also be taken to ensure that no part of the land of the school is put to any other purpose.
Interlocutory application, if any, stands disposed of.
There shall be no order as to costs.
(Rajendra Kumar Mishra, J)
Shail/K.C. JhaU
1 issue framed by the court
Whether this Court can direct the District Collector to demarcate school land and defer pending construction pending resolution of boundary disputes.
1 provisions across 1 enactments
Vijay Paswan
The State of Bihar And Others
Hon'ble the Chief Justice
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
