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Surendra Singh And Others v. State Of U.P. And Others - WRIT - C No. 16561 of 2006 [2006] RD-AH 6998 (30 March 2006)


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Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed for a direction upon the District Magistrate, Etah to permit the construction of the Junior High School at Gata No. 368 and for other consequential reliefs.

It has been stated in the petition that there is a Primary School by the name of "Primary Pathshala, Galarpur" which has been running since 1971 in Gata No. 368. A Junior High School has now been sanctioned for Gram Panchayat, Galarpur under the order dated 7.2.2006 issued by the Visheshagya Basic Shiksha Adhikari, Etah. The contention of the learned counsel for the petitioners is that instead of constructing the Junior High School on the land of the Primary School, Galarpur, the Pradhan is intending to construct the Junior High School at some other place by exerting pressure upon the District Magistrate and the Basic Shiksha Adhikari, Etah. This petition has, accordingly, been filed for a direction that the District Magistrate may permit the construction of the Junior High School at Gata No. 368 where the Primary School is running.

In our opinion, this petition is wholly pre-mature, as it has not been stated in the writ petition at all that in fact the construction of the Junior High School is being made at some other place. Only an apprehension has been expressed in the writ petition that the Junior High School is not likely to be constructed on the vacant land of the Primary School, Galarpur.

We had earlier passed orders asking the petitioner No.1 whether he was willing to donate the land for the purpose of constructing the School. Two Supplementary-Affidavits have been filed but absolute vague averments have been made inasmuch the land which the petitioner No.1 intends to donate, is jointly owned by the petitioner No.1 and his two brothers but there is no statement that his two other brothers are willing to donate the land.  

Such being the position, we see no justification for granting any relief to the petitioners. The writ petition is, accordingly, dismissed.




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