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2010 DIGILAW 485 (JK)

Bashir Ahmed v. State

2010-08-31

J.P.Singh

body2010
1. Land measuring 1 kanal, comprised in Khasra No. 46 of Village Mohra Kenthi, Dharsown, Bhunjwah, Kishtwar along with a Building, is stated to have been donated by the petitioner to the Education Department of the State Government to run EVS/EGS Centre/School therein. 2. The grievance projected by the petitioner is that the official respondents had decided to shift the EVS/EGS Centre/School to Chamoti, at the instance of respondent Nos. 6 to 8, without any justifiable reason and that being inconvenient to the people of the area particularly to the Gujjar Community, which was a Socially, Educationally and Economically Backward Class, directions were warranted to stop the shifting of the School. 3. According to the respondents, the petitioner had donated only 1 kanal of land and not the Building as alleged in the Petition. The petitioner was demanding rent in respect of the property donated by him where EGS Centre which was later converted to Primary School had been functioning. 4. Contesting the petitioner’s claim against shifting of the School from his Building, the respondents say that the School Education Department had constructed its own Building on the land donated by respondent No.7 and the petitioner had no right to seek any direction against them not to shift to their own Building. The new School Building is stated to have been constructed at a centrally located place and no inconvenience would be caused if the School was shifted to Chamoti. 5. I have considered the submissions of learned counsel for the parties and am of the opinion that as the petitioner has not sought the enforcement of any of his fundamental, legal or statutory right, so he is disentitled to invoke the extra ordinary Writ Jurisdiction of the Court to seek a Restraint direction against the respondents, which, even otherwise, may be impermissible, in that, the official respondents cannot be commanded to refrain from using their own Building stated to have been constructed at a centrally located place to cater to the requirements of the people of the area, and compelled to use the property donated by the petitioner. 6. This Writ Petition, therefore, lacks substance which is, accordingly, dismissed.