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1999 DIGILAW 124 (ORI)

PIPILIPALI PRIMARY SCHOOL. v. STATE OF ORISSA

1999-03-31

D.M.PATNAIK, PRADIPTA RAY

body1999
JUDGMENT : Pradipta Ray, J. - There was a dispute between the two groups of villagers regarding the location of the Lower Primary School (hereinafter referred to as the 'School'). Originally a school named Pipilipali Primary School was functioning in Bhagavat Tungi. In view of some dispute a section of the backward class villagers set UP another school named Indira Gandhi Smaraki Adivasi Harijan Gram Mangal L.P. School 'on a plot of land gifted by one Govinda Charan Barik. Ultimately a peace committe was formed to resolve the said dispute. The said peace committee along with Government official, took a decision that the Lower Primary School of the village will function on a third plot situated at the centre of the village. Lingaraj Sahoo through whom the present writ petition has been filed was signatory for the said decision. In accordance with the said decision a plot of land was donated by one Bhagirathi Bhoi in favour of the Chairman of the Panchayat Samiti, Bargarh on March 25, 1988 (hereinafter referred to as the 'Agreed plot'). The Add!. District Magistrate, Bargarh 'by his memo dated April 18,1994 asked the Block Development Officer, Bargarh to start the work of construction of school building on the said agreed plot However, contrary to the direction of the Add District Magistrate, the Block Development Officer, Bargarh stopped construction of the school building on the agreed plot and took steps to construct on one of the disputed plots. Against the said decision Govinda Chandra Barik filed O.J. C. No. 4378/95. By judgment and order dated April 4, 1996 this Court allowed the said application and directed to take immediate steps to proceed with the construction of the school building on the agreed plot gifted by Bhagirathi Bhoi. 2. Pipilipali Primary School through one Lingaraj Sahoo Chairman of the Managing Committee has filed this writ application for a direction to opp. parties 1 to 4 to release and/or grant further funds to complete construction of the Petitioner's school on the plot where the school was first situated. It has been alleged in this writ application that Govinda Chandra Barik obtained earlier order in O.J. C. No. 4378/95 by misleading this Court and without impleading the Managing Committee of the present Petitioner. 3. Counters and rejoinders have been filed by the parties. It has been alleged in this writ application that Govinda Chandra Barik obtained earlier order in O.J. C. No. 4378/95 by misleading this Court and without impleading the Managing Committee of the present Petitioner. 3. Counters and rejoinders have been filed by the parties. The District Inspector of Schools, Bargarh in his counter affidavit has stated that construction of building on the agreed plot had already been completed and the school was shifted there on December 22, 1997. It has been further stated that the school is functioning on the agreed plot with 28 students and 52 students are waiting for admission. In view of the said position there is no scope for any further dispute between the present Petitioner and opp. party No. 5. The school building has been constructed with the Government fund on the agreed plot and the school is functioning thereon. It is obvious and is also made clear that the school functioning on the 'agreed plot' is the Government Primary School of the village. After this development it is absolutely unnecessary and totally academic to make any determination which was the original recognised primary school. As things stand Government grants or funds can be released and spent only for the school which is functioning on the 'agreed plot', i.e. the plot donated by Bhagirathi Bhoi to the Panchayat Samiti. 4. The writ application is accordingly disposed of. D.M. Patnaik, J. 5. I agree. 6. Writ application disposed of.