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2025 DAILYLAW 99650 (PAT)

Dunni Lal Mandal v. The State of Bihar

CWJC/8040/2025 · 2025-09-12

Alok Kumar Sinha, P B Bajanthri

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8040 of 2025 ====================================================== Dunni Lal Mandal S/o Ram Khelan Mandal, Resident of Khangraritha, P.S.- Hayaghat, Darbhanga, Bihar-847105. ... ... Petitioner/s Versus 1. The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar. 4. The Managing Director, Bihar State Education Infrastructure Development Corporation, Govt. of Bihar. 5. The District Magistrate, Darbhanga. 6. The District Education Officer, Darbhanga. 7. The District Panchayati Raj Officer, Darbhanga. 8. The Executive Engineer, Bihar State Education Infrastructure Development Corporation, Darbhanga. 9. The Sub-Divisional Officer, Sadar, Darbhanga. 10. The Block Development Officer, Baheri, Darbhanga. 11. The Circle Officer, Baheri, Darbhanga. 12. The Block Education Officer, Baheri, Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Suman Kumar, Advocate For the State : Mr.AG For the BSEIDC : Mr.Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 2 12-09-2025 In the instant petition, petitioner has prayed for the following relief(s):- “(i) To direct the respondents to stay the construction work of Panchayat Sarkar Bhawan undergoing in the premises/playground of government school namely Pariyojna Balika Uchh Patna High Court CWJC No.8040 of 2025(2) dt.12-09-2025 2/3 Vidyalaya, Thathopur, Baheri, Darbhanga. The respondents are constructing Panchayat Bhawan in the premises of the government school. The school itself has got 49 decimals of land which is lesser than the prescribed requirement of 5 decimals of land for plus two project of girls' school. And, while alternatively land measuring 1 acre 46 decimals is available in mauja Khangaraitha which is enough for construction of Panchayat Sarkar Bhawan as the prescribed requirement is 50 decimals of land and the said land is government land (anawaad sarwa saadharan). (II) To direct the respondents to provide the minimum area prescribed by the Government of Bihar i.e 75 decimal for the school Pariyojna Balika Uchh Vidyalaya, Thathopur, Baheri, Darbhanga for its proper functioning and imparting better education to the girls studying in it. (III) To direct the respondents to allot a different area as suggested in the panchayat for construction of the Panchayati Sarkar Bhawan as per the terms and conditions of the Panchayati Raj Department, Government of Bihar so that neither the school nor the general public would face issues due to congestion. (IV) To direct the respondents to investigate and verify legally into the ongoing construction of Panchayat Sarkar Bhawan in the premises of school as the Panchayat Bhawan was already functioning properly and was renovated recently. (V) For issuance of further appropriate order/orders, direction/directions for granting any other relief or reliefs which deem fit and proper in the facts and circumstances of the case Patna High Court CWJC No.8040 of 2025(2) dt.12-09-2025 3/3 to protect interest of the girls studying in the school and also the common people who would avail benefit from the Panchayat Sarkar Bhawan.” 2. Reading of the prayer read with the petitioner's representation or application before the concerned authority vide Annexure-6(B) is not tallying. Therefore, the concerned authority has no opportunity to redress the grievance of the petitioner with reference to his prayer. 3. Accordingly, the present CWJC No. 8040 of 2025 stands disposed of. 4. Reserving liberty to the petitioner to file fresh representation with all necessary details. If such application or representation is submitted, the concerned authorities is hereby directed to decide the petitioner's application/representation within a period of four months from the date of receipt of such application. abhishekkr/- (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) U