Patna High Court
Munna Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the respondent authorities must do the needful and expedite the construction of the Government Primary School, Ramnagar Kursel, as per the agreement.
Summary
Munna Kumar Mandal filed a writ petition seeking a court direction to expedite the construction of a government primary school building on 57.5 decimals of land allotted to the District Board, Katihar. The petitioner alleged that despite the land allocation in 2013, construction had not begun, causing hardship for students and staff who were operating from temporary facilities. The respondents, including various education department officials, submitted that the Bihar State Education Infrastructure Development Corporation (BSEIDC) had been tasked with the project and had prepared cost estimates, indicating that work was in progress but delayed. The petitioner’s counsel argued that the delay warranted a judicial directive for early completion. After hearing both sides, the Court observed that the authorities were making efforts and ordered them to expedite the construction as per the agreement, thereby disposing of the petition.
Issues considered
- Whether the State authorities are obligated under the writ jurisdiction to issue a direction for the timely completion of the government primary school building.
- Whether the delay in construction constitutes a violation of the petitioner's right to education and adequate facilities.
Subjects
- school construction
- public education
- writ petition
- administrative delay
- infrastructure development
- government school
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2240 of 2026
======================================================
Munna Kumar Mandal S/o - Late Rajendra Mandal, R/o- Vill.- Ramnagar
(Kursel), P.S.- Kadwa, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, New
Secretariat, Patna.
2. The Additional Chief Secretary, Department of Education Government of
Bihar, New Secretariat Patna.
3. The Principal Secretary, Department of Education, New Secretariat Patna.
4. The Director of Primary Education, New Secretariat Patna.
5. The District Magistrate, Katihar.
6. The Deputy Development Commissioner, Katihar.
7. The District Education Officer, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Adv.
Ms. Shivani Mishra, Adv.
Mrs. Pragati Singh, Adv.
Ms. Vidhi Shree, Adv.
For the Respondent/s : Mr. Vikash Kumar, AC to AG
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-04-2026
This writ petition has been filed by the petitioner,
Munna Kumar Mandal seeking a direction to the respondent
authorities to ensure construction work of the Government
Primary School building and its boundary wall constructed on a
land measuring an area of 57.5 decimals pertaining to Mauja-
Kursel, Thana No. 288, Khata No. 278, Khesra No -827, allotted
to the District Board, Katihar vide Letter No. 1385 dated
Patna High Court CWJC No.2240 of 2026 dt.17-04-2026
2/4
20.12.2013 issued by the Deputy Development Commissioner-
cum- Chief Executive Officer, Katihar.
2. It is highlighted in the writ petition, particularly in
paragraph No. 6 that due to lack of school building, the said
School started functioning in the hut of Kalicharan Mandal at
his door but due to accommodation problem, the School was
shifted and attached with Upgraded Middle School, Kursel and
considering the need of independent building for proper
functioning of the Government Primary School, Ramnagar
Kursel, District Katihar, the said School was sanctioned and
allotted 57.5 decimals of land for construction of the School
building at Ramnagar Kursel, Ward No. 11, District Katihar vide
letter No. 1385 dated 20.12.2013 issued by the Deputy
Development Commissioner-cum-Chief Executive Officer but
the construction work has not yet started, as a result of which
large number of students of the said School and the teaching and
non-teaching staff are also facing a lot of problems.
3. When the matter was taken up on 26.02.2026, we
asked the learned counsel for the State to obtain instruction in
the matter and inform this Court whether there is any hurdle in
carrying out the construction and development work of the
school in question.
Patna High Court CWJC No.2240 of 2026 dt.17-04-2026
3/4
4. Counter affidavit has been filed on behalf of
respondent nos. 5 to 7. The affidavit of the DPO (MDM),
Katihar wherein it is stated as follows:
“6. That it is further submitted that as per
education department Letter no. 09/C/Patna dated
19-02-2025, all the developmental work including
construction of new school building w.e.f. 01-04-
2025 is being carried out by Bihar State Education
Infrastructure Development Corporation (in short
BSEIDC). Accordingly, District Education Officer,
Katihar has vide letter no. SSA/302 dated
13.02.2026 sent the Construction-Estimate and
land availability report to the Managing Director,
Bihar State Education Infrastructure Development
Corporation, Bihar, Patna (In short BSEIDC) with
request for further needful action. The Deputy
Manager Technical (Civil), BSEIDC, Purnia &
Katihar vide letter no. DMT/KAT/43 dated
14.02.2026 has also submitted the Estimate of Rs.
43,15,000/- for construction of new Building of
Primary School, Ramnagar Kursel with two units
of Latrine and drinking water facility to the Chief
Engineer, BSEIDC, Patna.
8. That with regard to statement made in para 6 of
the writ petition it is submitted that the District
Board vide letter no. 1385 dated 20.12.2013
(Annexure P/1 of the writ petition) had allotted and
given NOC for 57.5 Decimals of its land at Mauja
Kursel, Thana no. 288, Khata no. 278 Khesra no.
827.
12. That it is submitted that the plight of the
petitioner is genuine and the respondent
authorities are making all efforts to construct the
new building of the Primary School, Ramnagar
Kursel.”
Patna High Court CWJC No.2240 of 2026 dt.17-04-2026
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5. Learned counsel for the petitioner submits that
since the work has already started but is being delayed, a
necessary direction be issued for the early completion of the
construction of the Government Primary School building, which
would benefit not only the students but also the teaching and
non-teaching staff, who are facing a lot of problems.
6. After hearing the learned counsel for both the
parties, the writ petition is disposed off with the observation that
the authorities concerned shall do the needful and expedite the
progress of construction work of Government Primary School,
Ramnagar Kursel, District Katihar, as per the agreement.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
Anjani/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 18.04.2026
Transmission Date N.A.
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