High CourtsDivision Bench(2020) 12 PAT CK 0335

Geno Tanti vs State Of Bihar And Ors

Patna High Court · Decided on 11 December 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 1572 Of 2020

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Judgment

19 paragraphs · 296 words

Petitioner has prayed for the following relief(s):

“(i) Issuance of an order, direction or writ in the nature of mandamus commanding the respondent authorities to not to use the only playground of

the village for the construction of residential Co-ed School for Schedule Tribe.

(ii) Issuance of an order, direction or writ in the nature of mandamus directing the respondent authorities to construction the residential Co-ed School

for Schedule Tribe on any suitable place other than the only village playground.

(iii) Any other relief or reliefs to which the petitioners may be found entitled to in the facts and circumstances of the case.â€​

Respondent No. 3, namely The Director, Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar has filed the counter

affidavit.

Para-6 of the counter affidavit is reproduced hereinunder:

“That it is apposite to mention here that District Magistrate, Jamui vide its letter no. 248 dated 15.02.2020 has made available the detailed report.

As per the report, after due consideration DM, Jamui has recommended shifting of the site of the proposed school from katauna Mauja of Panchayat

Raj Katauna bearing Khata No.458, Kheshra No. 2640, Thana No. 22, Rakwa-5 Acre to Genadih of Gidhaur Village bearing Khata No. 144, Kheshra

No.295, Thana No. 147, Rakwa-5 Acre.â€​

We dispose of the present petition with the direction to Respondent No. 3, namely The Director, Schedule Caste and Schedule Tribe Welfare

Department, Government of Bihar, Patna to ensure that the recommendation reproduced supra is implemented in letter and spirit within the current

financial year i.e. on or before 31st of March, 2021.

Liberty reserved to the petitioner to invite the attention of the authorities for non-compliance of the order as also approach the Court reviving the

petition.

Interlocutory application, if any, shall also stand disposed of.