The Patna High Court disposed of a writ petition involving a gifted school land. The court held that if the authorities do not construct, no grievance lies against the gift, but the petitioner can seek annulment from a civil court if the object is not achieved, as no direction is required here.
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Patna High Court CWJC No.16392 of 2010 (2) dt.28-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16392 of 2010
====================================================== 1. Dhaneshari Devi W/O Sri Hajari Yadav R/O Vill.- Gangapur, P.S.Shahpur, Distt.- Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2. The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna 3. The District Magistrate, Bhojpur, Ara 4. The District Superintendent Of Education Cum District Programme CoOrdinator, Bhojpur, Ara 5. The Block Development Officer, Shahpur, Distt.- Bhojpur, Ara 6. The Circle Officer, Shahpur, Distt.- Bhojpur, Ara 7. The Block Education Extension Officer, Shahpur, Distt.- Bhojpur, Ara 8. Mr. Rangjee Ojha S/O Not Known R/O Vill.- Paharpur, P.S.- Shahpur, Distt.- Bhojpur, At Present Headmaster, Prathmik Vidayalaya, Gangapur, Damodar Panchayat, Block- Shahpur, Distt.- Bhojpur, Ara
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Shankar Pathak For the Respondent/s : Mr. (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 2 28-07-2015 If the respondent authorities decided not to construct school on the donated land of the petitioner she cannot make a grievance and approach the High Court against the gift made in the name of State. However, if the object and purpose for which the gift was made is not achieved let the petitioner seek a declaration from a Civil Court of competent jurisdiction for annulling the gift deed. No direction is required to be given for setting of school at this stage.
Patna High Court CWJC No.16392 of 2010 (2) dt.28-07-2015
Writ application is disposed of with the above observation.
(Ajay Kumar Tripathi, J)
sushma/-
U
Dhaneshari Devi W/O Sri Hajari Yadav
The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna
The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna
The District Magistrate, Bhojpur, Ara
The District Superintendent Of Education Cum District Programme CoOrdinator, Bhojpur, Ara
The Block Development Officer, Shahpur, Distt.- Bhojpur, Ara
Ajay Kumar Tripathi
As recorded by the court registry
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