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Judgment
Learned counsel for the petitioner is permitted to implead the Department of School Education and Literacy through its Secretary, Directorate of Secondary Education through its Director and Jharkhand Education Project Council through its State Level Director as respondent nos. 9, 10 and 11 in the instant writ petition for which correction to be carried out by the counsel for the petitioner during course of the day in red ink.
Heard learned counsel for the parties.
The grievance of the petitioner is in relation to construction being carried out of boundary wall of Kasturba Gandhi Balika Residential School Dandai, Garhwa. Petitioner contends that he is the owner of a piece of land comprising an area 4.13 acres, plot no. 24, under Khata No. 10, Thana -Meral, Dandai Block of District Garhwa.
Petitioner has enclosed as Annexure-1 the mutation slip claiming that 1/3 of the total land of 4.13 acres has been mutated in his name and the receipts have been enclosed of the year 1983 and 2014 as Annexure-2 and 2/A. He has approached Deputy Commissioner, Garhwa with a representation on 25.06.2016 alleging wrong demarcation of land for construction of boundary wall of the school. However, on no action being taken, petitioner has approached this Court. Petitioner has, however, not enclosed any document of title or copy of khatian/records of rights to support claim of his ownership.
Counsel for the respondent-State submits that instructions have not been obtained in the matter as it has been taken up for the first time. It is submitted that the execution of Kasturba Gandhi Balika Residential School Dandai, Garhwa is undertaken under the aegis of the Department of School Education and Literacy through the Jharkhand Education Project Council. Petitioner may be relegated to the competent authority under the respondent, who may examine the claim of the petitioner made along with all supporting documents to come to a conclusion whether petitioner has a rightful objection to the construction of the school in question.
This Court in the present state of pleadings, in the absence of supporting documents of title and ownership of the petitioner does not consider it proper to enter into the merits relating to adjudication of the rights of the parties.
Learned counsel for the petitioner has submitted that document of title and ownership shall also be produced before the competent authority, if so directed.
In such circumstances, let the petitioner approach the Director, Secondary Education, Government of Jharkhand, Ranchi with a representation containing all supporting documents within a period of one week in respect of his grievances. The Director, Secondary Education, Government of Jharkhand, Ranchi would consider the representation of the petitioner in accordance with law in the light of the documents produced to come to a finding as to whether the petitioner has a lawful claim to the land in question to object the construction of the school in question or not. The Director, Secondary Education may also, if necessary, ask for an enquiry report from the concerned District Revenue Authorities for the said purpose. However, the entire exercise be concluded within a strict time frame of three weeks thereafter so that in either case claim of the petitioner is decided upon and if the petitioner fails to substantiate his claim construction of the school does not get unnecessarily delayed. The writ petition is accordingly, disposed of in the aforesaid manner.
Pending I.A. also stands disposed of.