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2001 DIGILAW 238 (PAT)

Akhil Bhartiya Sikshan Mandal, Darbhanga Branch v. State Of Bihar

2001-03-15

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2001
Judgment 1. The Akhil Bhartiya Sikshan Mandal, Darbhanga Branch, through its convenor, Nawal Kishore Jha, has filed the present writ petition as a Public Interest Litigation in effect praying as the main relief that certain respondent, i.e. respondent No. 8 Most. Janaki, wife of late Shanti Mahatha, resident of village, Ramauli, P.S.Madhepur, District-Madhubani be restrained from disposing or selling land belonging to Kunjo Shanti High English School, Ramauli (Tamoria), Madhubani. Other reliefs prayed for are that all sale deeds in reference to the sold land belonging to the school, which may have been executed by respondent no. 8 aforesaid be set aside. The third relief is that respondent No.1, the State of Bihar constitute an enquiry into the irregularities, which have been committed; by respondent no. 8. Petitioner no.1, i.e., Akhil Bhartiya Sikshan Mandal claims that it is a registered all India body of intellectuals and it has been established for the cause of systematic and organised teaching in academic bodies and its main aim and object is to establish educational institutions 0and take up research project in the field of education, philosophy, history and others objects of cultural importance concerning Indian Heritage. 2. The petition mentions that in the year 1980 the State Government formulated an Ordinance to take over all non- Governrnent schools so that private schools could come under the direct control of the State Government. As a consequence of this the school in context, was also taken over by the State Government including its assets. 3. It is contended that Most. Janaki being the last Secretary of the out- going Ad-hoc Committee started committing irregularities and sold the land which was situated outside the schools boundary wall and that the Trust Committee forbade this. 4. This court is making no comments on the merit of the issue but plainly this is not a matter which ought to be entertained by the High Court as a Public Interest Litigation. 5. Any person connected with the Trust under the auspicious (sicauspices ?) of which the school ran initially or connected with the affairs of the school may file a suit and if the petitioner feels sufficiently interested the law provides that a suit may be brought before a court of appropriate jurisdiction in representative capacity. 6. As the court has expressed nothing on merit, the record is consigned.