The High Court dismissed a PIL filed by a social worker claiming no personal interest, praying for directions to construct a school on donated land. The Court held that school requirements and locations are policy matters for the Government and the PIL was not maintainable.
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.8844 of 2023
======================================================
Jivach Chaudhary, Son of Lal Babu Chaudhary, Resident of Ward no. 03, Village- Bhadaia, Police Station- Mohiuddin Nagar, District- Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, GP-4
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 27-06-2023
Heard learned counsel for the petitioner and learned
counsel for the respondents.
Patna High Court CWJC No.8844 of 2023 dt.27-06-2023 2/3
worker having no direct or indirect interest in the matter in issue, has filed the instant case in the nature of a Public Interest Litigation praying for the following relief :-
“That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature Mandamus/Public Intereset Litigation or any other writ/writs, order/orders, direction/directions, command/commands for directing the respondents to construct School building on donated land for school which was registered through Deed on 11.01.1967 vide MauzaBhadaia, Thana No. 139, Khata No. 221, 146, 176, 242, 86, 243, 01 and 120 vide Khesra No. 1764, 1907, 1904, 1905, 1906, 1902 and 1903, Total Area 1 Bigha, 16 Katha and 16 Dhurs.”
that the respondent authorities are in collusion and it is for this reason that they are not constructing the school on the land in question which has been described in detail in paragraph no. 1 of the writ application, and as quoted herein above which measures an area of 2 acres. According to the petitioner, this land was donated for construction of school etc. in the year 1967.
Patna High Court CWJC No.8844 of 2023 dt.27-06-2023 3/3
years old petitioner wants construction on a particular piece of land which according to him was donated for the said purpose more than fifty years ago in the year 1967. At the same time, he submits that he has no direct or indirect interest in the matter.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
avinash/-
| AFR/NAFR | |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 28.06.2023 |
| Transmission Date | N/A |
3 issues framed by the court
Whether a public interest litigation filed by a petitioner claiming no direct or indirect interest regarding school construction on donated land is maintainable.
Whether the requirement, level, and location of school construction are matters within judicial scope or government policy.
Whether to grant the relief sought for directing respondents to construct a school on donated land.
Jivach Chaudhary
The State of Bihar through Chief Secretary, Government of Bihar
The Additional Chief Secretary, Revenue and Land Reforms Department
The Additional Chief Secretary, Education Department
The State Project Director, Education Department
The Managing Director, B.S.E.I.D.C
Partha Sarthy, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
