High CourtsDivision Bench

Ramchandra Prasad Yadav vs State Of Bihar Through And Ors

Patna High Court · Decided on 5 July 2019 · Citation: (2019) 07 PAT CK 0064

HON’BLE JUDGES
Amreshwar Pratap Sahi, CJ · Anjana Mishra, J
RESULT
Disposed Off
CASE NUMBER
Civil Writ Jurisdiction Case No. 13935 Of 2015

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 263 words
1.

The petitioner has not been able to establish his rights over the land and also the procedure under which he could have transferred the said land through a registered sale deed as claimed by him.

Paragraph-11 of the writ petition states as under:-

"11. That the District Superintendent of School cum District Planning co-ordinator, Gaya had informed the Director, Primary Education, Human Resources Development Department dated 15/3/2008 that the S.D.O., Bathari, head office-Khijarsarai Vide his letter no. 205 dated 16/6/2007 had stopped the construction of school village Surajpur stating there in that Land owner has registered his Rayati Land without taking permission from competent authority."

It is, therefore, evident that nothing has been brought in support of the said objection which may have been raised by any of the revenue authorities. The land had been donated for the construction of a school in the village and this setting up of an institution at the village level has been engaging the attention of the authorities for the past more than 7 years.

The Collector, Gaya, is, therefore, directed to examine the entire facts and in the event, it is found that the land which is stated to have been made available by the petitioner is free from all encumbrances and can be utilized for the school purposes, the Collector shall forthwith issue directions for the construction of the school, for which a decision shall be taken within six weeks after making an enquiry as directed above, from the date of production of a certified copy of this order.

The application is disposed of.