JUDGMENT : R.K. Dash, J. - The dispute between the parties with regard to the management of an educational institution has undergone a chequered career. For resolution' of the said dispute the parties have been litigating since 1988 and are running from pillar to post. Finally it was resolved by this Court by judgment and order dated 15-10-1996 in the present writ proceeding. Feeling aggrieved thereby, the Petitioner approached the Hon'ble Supreme Court in Civil Appeal No. 1696 of 1998 and their Lord-, ships upon hearing the parties, remanded the matter for fresh disposal. 2. Factory of the case, as borne out from the writ petition may briefly be stated thus: The villagers of Gunduripada in the district of Balasore established a High School naming 'Gunduripada High School' in the year 1982. Since the school had, no building of its own initially it started functioning in the U.P. School premises till 1984. "For smooth management of the school, a Committee was constituted and the members of the said committee elected Baidhar Barik as Secretary and Bhagaban Behera (opposite party No. 6) as President. One Sridhar Barik donated land measuring 10 decimals appertaining to Sabik Plot No. 247, Hal Plot No. 410 under Khata No. 106 of mouza Gunduripada by a deed of gift dated 10-4-1984 (Annexure-2) in favour of the school for construction of the school building. In,the said deed, Baidhar Barik was described as the Secretary of the School. While the school was running smoothly, some disgruntled members of the Managing Committee under the leadership of Bhagaban Behera, opposite party No. 6 created disturbances and constituted another Managing Committee of their own, by resolution dated 22-5-1985 and sent the same to the Inspector of Schools, Balasore, opposite party No. 3 for approval. This was opposed to by Baidhar Barik, the Secretary of the school, whereupon the Inspector of Schools, made an enquiry through the Deputy Inspector of Schools to find out as to which Managing Committee was a validly constituted one. Upon enquiry the Deputy Inspector of Schools submitted report that the Managing Committee of which Baidhar Barik is the Secretary was a valid one. On the basis of the said report the Inspector of Schools in his letter dated 25-7-1987, Annexure-4 disapproved the newly constituted Managing Committee and intimated Baidhar Barik, Secretary of the School to take immediate steps for formation of new Managing Committee. On the basis of the said report the Inspector of Schools in his letter dated 25-7-1987, Annexure-4 disapproved the newly constituted Managing Committee and intimated Baidhar Barik, Secretary of the School to take immediate steps for formation of new Managing Committee. Thereupon, Baidhar Barik convened a meeting of the Committee and sent a panel of names to the Inspector of Schools for approval. Since the name of Bhagaban Behera, opposite party No. 9 was not included as one of the members, he established another school in the very same name, viz., 'Gunduripada High School' in 1988 over a piece of 'Gochar' land appertaining,to plot No. 535 and constituted a Managing Committee of which he himself became the Secretary. 3. The further case of the Petitioner is that the Inspector of Schools forwarded the panel of names to the Director, Secondary Education, 'opposite party No. 2, on receipt of which the latter accorded necessary' approval in his letter; Annexure-5 and asked the Inspector of Schools' to constitute a new Managing Committee. Pursuant to Annexure-5 the Inspector of Schools constituted a Managing Committee with 9 members, including all the 7 members approved by the Director, as per Annexure-6 and requested the headmaster of the school to convene a meeting of the Managing Committee for election of the President and the Secretary of the school. Accordingly the managing Committee elected Surendra Gochhayat as President and Baidhar Barik as Secretary and the said resolution was approved by the Inspector of Schools, as is evident from Annexure-7. Challenging the formation and consequent approval of the new Managing Committee, Bhagaban behera, apposite party No. 6 approached this Court in O.J. C. No. 3059 of 1989. The aforesaid writ petition was disposed of with a direction to the Director, Secondary Education, to enquire into the matter either himself or through any other responsible officer of his directorate and pass a speaking order. Liberty was also given to the parties to produce records in support of their respective cases. The aforesaid writ petition was disposed of with a direction to the Director, Secondary Education, to enquire into the matter either himself or through any other responsible officer of his directorate and pass a speaking order. Liberty was also given to the parties to produce records in support of their respective cases. Pursuant tot he aforesaid direction, the Director caused an enquiry through the Deputy Director and basing on the enquiry report came to hold that the school of which Shri behera is the Secretary in the original school which was initially started functiong in the premises of the U.P., School and subsequently over plot No. 535 adjoining the said school and due to dissension among the members Baidhar Barik started another school in the very same name. The relevant finding of the Director recorded in his report, Annexure-11 is extracted here under: In view of the above facts it is evident that the High School under Bhagaban behera, Secretary constructed on plot No. 535 adjacent to the primary school was first established and is the original Gunduripada High School. This school continued to function till 1988 and due to disention (sic) among the members they fell apart and the group led by Shri Baidhar Barik registered its management in the year 1988-89 for the school under the same name. The Managing Committee the approval for which was pending with the Inspector of Schools, Balasore was given approval vide his order No. 10409 dt. 4-6-89 in favour of Gunduripada High School without.specifying which one of the two is the original school to which the Management belongs. The aforesaid order of the Director was challenged by Baidhar Barik in O.J. C. No. 8066 of 1992. The Court by their judgment and order dated 25-3-1993 at Annexure-12 disposed of the writ petition directing the Director to review his order if there are errors apparent on the face of record. In view of the above the Director upon hearing both the parties, by his order, dated 9-7-1993, Annexure-16 confirmed his earlier order, Annexure-II. Assailing the correctness of the order under Annexure-16, Baidhar Barik has approached this Court by filing the present writ petition. 4. The main" contestant in the proceeding is opposite party No. 6. In view of the above the Director upon hearing both the parties, by his order, dated 9-7-1993, Annexure-16 confirmed his earlier order, Annexure-II. Assailing the correctness of the order under Annexure-16, Baidhar Barik has approached this Court by filing the present writ petition. 4. The main" contestant in the proceeding is opposite party No. 6. Controverting most of the averments made in the writ petition he would contend that initially an ad hoc Managing Committee was 'constituted of which Baidhar Barik was the Secretary and he himself was the President. On expiry of the term of the said Committee, a new Managing Committee was formed which elected 'him as the Secretary. Since Baidhar Barik has not taken as a member in the newly constituted committee, he formed another Managing Committee with some Other disgruntled persons and styled himself as the Secretary. He further contended that the school that initially started in the U.P. School premises in 1982 has been shifted to plot No. 535 and that school is the real school. 5. The Inspector of Schools, Balasore-opposite party No. 3 in his counter affidavit has supported the case of Baidhar Barik, inasmuch as he has contended that Gunduripada High School originally started functioning in the U.P. School in 1982 and continued till 1984 in which year it was shifted to plot No. 247. Hal plot No. 410. It was in the year 1988 hat a group of villagers under the leadership of Bhagaban Behera, opposite party No. 6 started another school in the very same name on plot No. 535, sabik plot No. 262 which is a 'Gochar' land and demanded that their school is the real school. 6. "The Petitioner" has filed a rejoinder denying reconstitution of the Managing Committee as pleaded by opposite party No. 6. He further pleaded that till 1988 the school was one and in order to take over the management of the school, opposite party No. 6 along with one Yudhisthir Rout filed Title Suit No. 343 of 1988 in the court of the Munsif, Balasore for permanent injunction against Baidhat Barik and Surendra Gochhayat, President of the Managing Committee, to restrain them horn interfering in the affairs of the Managing Committee and entering upon the premises of the school. They also filed a petition under Order 39, Rules 1 and 2, C.P. C. for temporary injunction against them seeking the very same relief. They also filed a petition under Order 39, Rules 1 and 2, C.P. C. for temporary injunction against them seeking the very same relief. The learned Munsif by order dated 3-12-1988 held that the Managing Committee constituted under the Secretary ship of Baidhar Barik is the legal and valid Managing Committee and no prima facie it case has been made out for grant "of temporary injunction. Against that order, they preferred appeal to the learned District Judge which did not yield any result in their favour. When they became unsuccessful in their attempt as aforesaid, they withdrew the suit and it was only thereafter that the opposite party No. 6 with his supporters started a parallel school in the very same name by constructing a kutcha house over 'Gochar' land appertaining to plot No. 535 (corresponding to sabik plot No. 262). 7. We have heard the learned Counsel for parties at length and have perused the relevant materials on record as also the concerned file maintained by the Government. The undisputed factual position emerging from the pleadings of the parties is that the school in question, namely, Gunduripada High School, was established in 1982 which initially started functioning in the U.P. School premises since it had no building of its own. For management of the school a committee was constituted of which Baidhar Barik was the Secretary till 1984 the school continued to function in the U.P. School premises. According to the Petitioner, it shifted to the new building situated over Sabik plot No. 247 having an area of Ac.0.10 dec. As borne out from the record the aforesaid land had been gifted to the school by one Sridhar Barik by was of registered deed of gift. Dispute and difference arose among the members of the Managing Committee in 1985, as a consequence, a new Managing Committee under the leadership of opposite party No. 6 was constituted, /the Inspector of Schools, however, did not approve the said Managing Committee since, according to him, it was not a valid one and accordingly he informed the Headmaster of the School for constitution of a anew managing Committee as per rules. From the materials on record it would appear that till 1988 there was only one school. From the materials on record it would appear that till 1988 there was only one school. From time to time applications for recognition in the proscribed form were submitted by the Headmaster of the School (Annexures-25 to 28) indicating therein that the school building is situated over an area of Ac.0.10 dec. (this area appertains to plot No. 247). Shri Pal, learned Counsel appearing for apposite party No. 6, in course of argument challenged the correctness of the entry made in the aforesaid forms contending the plot No. 247 had been interpolated by baidhar Barik in order to create evidence in support of his case. We have scrutinised the original record maintained by the Government and found the allegation of Shri Pal to be untrue. The said record is maintained by the authorities in usual course of official business and as would appear from the application forms, Annexures 25 to 28, plot numbers mentioned in column 17 therein are written in the same in which other entries have been made and the school building has been shown to be situated over an area of Ac. 0.10 dec. which appertains to plot No. 247 and all these applications bear the signature and seal of the Inspector of School. Besides, it was not the case of opposite party No. 6 that from 1984 onwards there are two parallel schools functioning at two places, that is, on plot No. 247 and plot No. 535 (Gochar land). Rather his consistent case was that the school was one but the dispute was as to which of the two Managing Committees (one Managing Committee of which he is the Secretary and the other of which Baidhar Barik is the Secretary), was valid one and it was because of that he along with one Yudhistir Rout claiming to be the Secretary and the President respectively of the school filed a civil suit' bearing O.S. No. 343 of 1988 in the court of the Munsif and prayed for temporary injunction restraining Baidhar Barik and another from interfering with the management and creating disturbance in smooth functioning of the school. It would appear from the order. Annexure-20 that the learned Munsif refused to grant the relief as prayed for in the said suit. The said order was challenged in appeal before the District Judge which also did not yield any result. It would appear from the order. Annexure-20 that the learned Munsif refused to grant the relief as prayed for in the said suit. The said order was challenged in appeal before the District Judge which also did not yield any result. If at all there were two schools, there was no reason or occasion for opposite party No. 6 to approach the civil court seeking injunction against Baidhar Barik and another. Admittedly plot No. 535 Over which presently another school building is situated is a Government land recorded as 'Gochar'. Since the said plot adjoins the D.P. School premises and was under its occupation, an encroachment proceeding bearing L.E. Case No. 66 of 1999 was initiated by the Tahasildar, Basta for eviction. Some of the villagers however, appeared in the said case and contended that encroacher is the High School and not the D.P. School. On the other hand, Baidhar Barik contended that the D.P.,School is in possession of the said land as an encroacher. To ascertain as to who is in possession, the Revenue Supervisor. Basta held an inquiry and furnished his report to the Tahasildar. Annexure-14/a that it was the U.P. School which encroached upon the said land. In the meanwhile consolidation operation, began in the area. As would appear from the record, the Assistant; Consolidation Officer added fuel to the dispute between the parties. He initiated a proceeding (Misc. Case No. 90/90) on being moved by some of the villagers to record the aforesaid 'Gochar' land,in the name of the High School. The contention of the villagers was that since the school building of Gunduripada High School is situated over the said land since 1982. it should be recorded in its name. This was opposed to by Baidhar Barik, according to whom the school is situated over plot No. 247 and not on 'Gochar' land. Since the title to 'Gochar' land remains with the State and the same cannot be recorded, in anybody's name by the Consolidation authorities, the, Assistant Consolidation Officer should not have initiated the proceeding being moved by the villagers. To our mind he did so in a partisan spirit in order to create evidence to support the case of opposite party No. 6 in the pending writ petition in O.J. C. No. 3059 of 1989. To our mind he did so in a partisan spirit in order to create evidence to support the case of opposite party No. 6 in the pending writ petition in O.J. C. No. 3059 of 1989. We may note, the said writ petition filed by opposite party, No. 6 was disposed of on 6-8-1991 and the order of the Assistant Consolidation Officer (A.C.O.) under Annexure-15 was passed on 19-3-1991. Ultimately A.C.O. rejected the villagers claim and dismissed the case as the land being 'Gochar' could not be recorded in raiyati status in the name of the school but while doing so, made certain observation in his order to benefit opposite party No. 6, the relevant of' which is extracted hereunder: The said High School was started in the U.P. School buildings situated on hal plot No. 536. After construction' of 5 roomed katcha house in hal plot No. 535 which is ~ situated towards south of the U.P. School the said High School is functioning which is found during enquiry and " corroborated by the statements. Now the U.P. School and the High School which was started first within one compound x x x 8. It may be reiterated, pursuant to the order of the Court in O.J. C. No. 3059 of 1989 to hold an enquiry into the, affairs of the school, Deputy Director, Hindi Sanskrit and Special Education, made an enquiry and as it appears from Annexure-11 the Deputy Director submitted his report supporting the case of opposite party No. 6 that the school situated over plot No. 535 is the original school which continued to function till 1988 and due to dissension among the members of the Managing Committee, Baidhar Barik started another school in the same name. For arriving at such conclusion he appears to have been influenced by the order of the Assistant Consolidation Officer referred to above. We further find that the Deputy Director has observed that the school run by opposite party No. 6 had cash deposit of Rs. 10.000/- vide Account No. 4625, which was pledged to the Inspector of Schools on 30-11-1984, whereas the school run by Baidhar Barik maintained the very same account with a duplicate pass book and made a fixed deposit of Rs. 11,500/- on 12-12-1989 and pledged the same to the Inspector of Schools without his permission. 10.000/- vide Account No. 4625, which was pledged to the Inspector of Schools on 30-11-1984, whereas the school run by Baidhar Barik maintained the very same account with a duplicate pass book and made a fixed deposit of Rs. 11,500/- on 12-12-1989 and pledged the same to the Inspector of Schools without his permission. This observation, in our opinion, is against the weight of the materials on' record. It is evident from the Xerox copy of the duplicate pass book bearing Account No. 4625 that it was opened in the name of the Secretary. Gunduripada High School having initial deposit of Rs. 10,000/-. The aforesaid sum with interest accrued thereon amounting to Rs. 11,500/- was withdrawn and kept in fixed deposit on 12-12-1989 in the name of both Secretary and Headmaster of the School and pledged to the Circle Inspector.of Schools vide Annexure-9. Nothing is placed before us to show that opposite party No. 6 as one of the, office bearers had made any deposit in the name of the School. Therefore, the finding of the Deputy Director in his report, Annexure-ll that the school run by opposite party No. 6 had cash deposit of Rs. 10,000/- is account No.. 4625 and the same was subsequently pledged on 30-11-1984 is contrary to the material s on record. 9. From the discussions made above, we are satisfied that the school situated over Sabit Plot No. 247, Hal Plot No. 410, is the original school which was shifted from the U.P. School premises and-because of dispute and difference among the members of the Managing Committee, opposite party No. 6 started a parallel school over 'Gochar' land. In that view of the matter, we direct the State and the, educational authorities opposite parties 1 to 5 to make available' all the benefits to the school situated over Sabik plot No. 247 (Hal Plot No. 410). The writ petition is accordingly allowed. In the circumstances, there shall be no order as to costs. R.K. Patra, J. 10. I agree. Writ petition allowed. Final Result : Allowed