Patna High Court
Lok Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that, in the absence of any pending dispute, the education authorities must be directed to complete the construction of the primary school within twelve weeks.
Summary
The petitioner, Lok Prakash Singh, filed a writ petition under Article 226 of the Constitution seeking a direction to the State of Bihar and its education officials to construct a primary school building at Sikraul Tola, for which land had been donated and the first financial installment released. The school was sanctioned under the Sarva Shiksha Abhiyan project in 2006, but construction was stalled due to a rival claim by respondent No.10, which has since been resolved. The petitioner argued that the delay violates the right to free and compulsory education under Article 21A, while the respondents contended that the dispute prevented construction and they were not at fault. The Court noted that the dispute no longer exists and that respondent No.10 failed to appear despite notice. Consequently, the Court directed respondent No.7, the District Program Officer, to ensure the school’s construction within twelve weeks of receipt of the order and disposed of the writ petition.
Issues considered
- Whether the State education authorities can be compelled under Article 226 to direct construction of a school building when the petitioner’s right to education under Article 21A is at stake.
- Whether the prior dispute over land claims bars the Court from issuing a construction directive.
- Whether the Court may set a specific time‑frame for the completion of the school construction.
Subjects
- Article 226
- Article 21A
- Right to Education
- Sarva Shiksha Abhiyan
- School construction
- Public authority duty
- Writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19313 of 2019
======================================================
Lok Prakash Singh S/o Loknath Singh R/o Village- Sikraul, Chhota Tola, P.S.-
Sikraul, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Human Resource Development,
Bihar.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The State Project Director, Bihar Education Project Council, Patna.
4. The Director, Primary Education, Government of Bihar, Patna.
5. The District Magistrate, Bhojpur.
6. The District Education Officer, Bhojpur.
7. The District Program Officer, Primary Education and Sarva Siksha Abhiyan,
Bihar Education Project, Bhojpur.
8. The Block Education Officer, Block- Trarai, District- Bhojpur.
9. Zila Parishad Bhojpur, Through its Chief Executive Officer.
10. Hari Shankar Singh S/o Ram Subhag Singh, R/o Village Sikraul Tola, P.S.
Bikrahata, Dist. Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Adv.
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 05-02-2026
Heard the parties.
2. The petitioner by invoking the jurisdiction of this
Court under Article 226 of the Constitution of India has
approached this Court seeking a direction upon the respondent
to make necessary construction of the building of Primary
School, Sikraul Tola for which land has already been donated
and registered, besides the first installment of Rs. Five Lakhs
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has been issued for the financial year 2007-08 by the Bihar
Education Project, Bhojpur. The petitioner also sought a
direction to the respondent authorities to detach the school from
Girls Primary School, Sikraul and further direct the respondent
authorities to run the school at Sikraul Tola instead of Girls
Primary School, Sikraul, as it was running prior to year 2013.
3. The school, in question, was established in pursuant
to the project of Sarva Siksha Abhiyan, in terms with the
recommendation made for opening of 255 new schools vide
Memo No. 536 dated 31.08.2006, issued by the District
Superintendent of Education-cum-District Programme Convener
in which one school was proposed to be opened at Sikraul Tola,
and accordingly the same was done.
4. Despite the formalities having been completed and
the land was donated and registered as well as the first
installment has also been issued, because of some rival claims
between the petitioner and the respondent no. 10, the building
could not be constructed. The matter has time and again brought
to the attention of the authorities concerned and finally, during
the pendency of the writ petition, the Block Education Officer,
Tarari in light of the order passed by this Court submitted an
enquiry report, the copy of which is marked as Annexure-R/A.
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From the enquiry report, it is evident that the District Program
Officer (Primary Education and Sarva Siksha Abhiyan), Bihar
Education Project, Bhojpur vide its Letter No. 2158 dated
06.03.2012 has already issued order for release of the fund, but
on account of the dispute between the rival claimants, the
construction could not be done.
5. Learned Advocate for the petitioners submitted that
now the dispute has already been resolved and despite the notice
having been issued to the private respondent no. 10, he chose not
to appear. On account of the aforesaid facts, especially the dispute
which is not in existence, the career of the students cannot be put
to lurch. The children below the age of 14 years have right to get
free and compulsory education in terms with the mandate of
Article 21(A) of the Constitution of India, which encompasses
within itself sufficient infrastructure so that the students can pursue
their education. In the aforesaid premise, he submits before this
Court that the authorities should take all appropriate initiatives to
get the school building constructed, as early as possible.
6. Learned Advocate for the State as well as Zila
Parishad, Bhojpur have already filed counter affidavit and
submitted that because of the dispute, having been raised by
rival claimants, the building of the school, in question, could not
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be constructed and for which, they themselves are responsible.
7. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that presently there is no dispute between the rival
claimants and, moreover, despite notice, the respondent no. 10
did not chose to appear, this Court deems it fit and proper to
direct the respondent no. 7 to look into the matter, keeping in
mind the order as contained in Letter No. 2158 dated
06.03.2012, whereby the necessary fund was directed to be
issued. However, by one reason or other, the construction could
not be done. Since there is no dispute pending between the
parties, this Court expects that necessary order shall be passed
for construction of the school, in question, in terms with
prevalent scheme within a period of twelve weeks, from the date
of receipt/production of a copy of this order.
8. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.02.2026
Transmission Date NA
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