Disposed¶32

Ansur Alam v. The State of Bihar

Patna HC23 Sept 2024CWJC/14153/2024

Case brief

AI extract

What is this about?

CWJC No.14153 of 2024, Patna High Court, decided 23-09-2024 by Justice Mohit Kumar Shah; disposed writ petition with liberty to approach the District Magistrate, Kishanganj. Subject: dispute over school land at Haruwadanga - continuance of construction of +2 School (plot no. 554, Khata No. 491) versus proposal dated 14.05.2024 to construct Panchayat Sarkar Bhawan on the same land and institute F.I.R. against work-stoppers. Direction: representation within two weeks; reasoned and speaking order by DM within six weeks. No statutes or precedents cited.

What did the court decide?

Liberty granted to the petitioner to file an appropriate representation before the District Magistrate, Kishanganj within two weeks; the District Magistrate to consider it in accordance with law and pass a reasoned and speaking order within six weeks thereafter.

Ansur Alam Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the respondents may be directed to continue the construction of the +2 School, Haruwadanga, at plot no. 554, Khata No. 491, area 50 dec., already commenced by the contractor; whether the proposal dated 14.05.2024 directing construction of the Panchayat Sarkar Bhawan on the school land should be quashed/ set aside; and whether the respondents should be restrained from constructing the Panchayat Sarkar Bhawan on the school land.

¶25

Court's answer

Liberty was granted to the petitioner to approach the District Magistrate, Kishanganj, for redressal of his grievances instead of the merits being adjudicated by this Court.

¶27

Ratio / Principle

In case an appropriate representation is filed by the petitioner before the District Magistrate, Kishanganj, within a period of two weeks from the date of the order, the District Magistrate shall take it up for consideration.

¶28

Key takeaways

The District Magistrate, Kishanganj shall consider the representation in accordance with law and pass a reasoned and a speaking order within a period of six weeks thereafter.ratio¶30

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.14153 of 2024, decided 23-09-2024 (Mohit Kumar Shah, J): Petitioner Ansur Alam sought directions to continue the already-started construction of the +2 School, Haruwadanga, on plot no. 554, Khata No. 491 (area 50 dec.), quashing/setting aside of the proposal dated 14.05.2024 directing construction of the Panchayat Sarkar Bhawan immediately on the school land, restraint on such construction, and against the direction to institute F.I.R. against persons trying to stop the work. Without adjudicating the merits, the Court granted liberty to the petitioner to approach the District Magistrate, Kishanganj; on an appropriate representation filed within two weeks, the District Magistrate was directed to consider it in accordance with law and pass a reasoned and speaking order within six weeks thereafter. The writ petition was disposed off.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14153 of 2024

¶2

======================================================

¶3

Ansur Alam Son of Abdul Haque Resident of Village- Satkuwa, P.S.Dighalbank, District- Kishanganj.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary Education Department, Govt. of Bihar, Patna.

¶7

The Additional Chief Secretary, Education Department Govt. of Bihar, Patna.

¶8

The Joint Director (Secondary Education), Education Department, Govt. of Bihar, Patna.

¶9

The Chief Engineer, Bihar State Educational Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rashtrabharsha Parishad Shiv Pujan Sahay Path, Saidpur, Patna-4.

¶10

The Senior Account Officer BSEIDC Ltd., Patna.

¶11

The District Magistrate, Kishanganj.

¶12

The District Education Officer, Kishanganj.

¶13

The District Programme Officer, Sarva Shiksha Abhiyan, Samagra Siksha Kishanganj.

¶14

The District Panchayat Raj Officer, Kishanganj.

¶15

The Additional Collector, Kishanganj.

¶16

The Executive Engineer, Local Area Engineering Organization (Sthaniya Kshetra Abhiyantaran Sangathan) Kishanganj.

¶17

The Executive Engineer, Purnia Pramandal BSEIDC Ltd, Purnea.

¶18

The Block Education Officer, Dighalbank, Kishanganj.

¶19

The Circle Officer, Dighal Bank, District- Kishanganj.

¶20

The Secretary, Gram Panchayat Dighalbank, Dighalbank Block, DistrictKishanganj.

¶21

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.J.S. Arora, Sr. Adv. Mr.Firoz Ahmad, Adv. For the Respondent/s : Mr.Sitaram Yadav, GP-16 Me.Yatindra Narayan, AC to GP-16 Mr.Girijish Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 1. The present writ petition has been filed seeking the

¶22

2 23-09-2024

¶23

Patna High Court CWJC No.14153 of 2024(2) dt.23-09-2024 2/3

¶24

following relief(s):-

¶25

“ 1. That this writ application has been filed for directing the respondents to continue construction of +2 school, Haruwadanga, at plot no. 554, Khata No. 491 area 50 dec., which has already been started and for quashing/ setting aside the proposal dated 14.05.2024, by which it has been directed to construct the Panchayat Sarkar Bhawan immediately on the land of the school and at the same time it has also been directed to institute F.I.R. against the persons who try to stop the work and further a direction be issued to restrain the respondents from constructing Panchayat Sarkar Bhawan on the land. of the Haruwadanga +2 School, where the contractor has already started construction of +2 School. ”

¶26

At the outset, the learned senior counsel for the

¶27

petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Kishanganj, for redressal of his aforesaid grievances. Liberty so sought is granted.

¶28

It is needless to state that in case appropriate representation is filed by the petitioner, before the District Magistrate, Kishanganj, within a period of two weeks from today, the District Magistrate, Kishanganj, shall consider the

¶29

Patna High Court CWJC No.14153 of 2024(2) dt.23-09-2024 3/3

¶30

same, in accordance with law and pass a reasoned and a speaking order, within a period of six weeks, thereafter.

¶31