R.N.Prasad, J.

1. The appeal has been filed against the order dated 19.2.2003 passed in CWJC No. 12586 of 2002 directing that the District Magistrate, Vaishali shall require the Block Development Officer-cum-Secretary, Panchayat Samiti to convene a meeting on receipt of copy of the order and if he apprehends law and order problem in the meeting then he can request for police assistance.

2. The relevant facts of the case are that village Bajitpur Bhadwas is basically a scheduled castes dominated village and in order to uplift/improve the condition/standard of the residents of the village an Anganwari Kendra was established in the village. There was no building and as such Anganwari Kendra was running under the open sky.

3. Under the Integrated Child Development Scheme-ll sponsored by the Central Government 21 units of Anganwari Kendra Bhawan were to be constructed in the Mahua Block of Vaishali district. The relevant order/circular/guideline was issued vide memo no. 561 dated 11.9.1996. Under the order/instruction of the Government, Anganwari building was to be constructed under the supervision of the Beneficiary Committee constituted by the concerned Gram Sabha. At the relevant time the power of the Mukhiya of the Gram Panchayat was seized and it was vested in the Block Development Officer of the district who worked as an Executive Officer of the Gram Panchayat as no election was held for more than a decade. Since the Anganwari Centre was established in the village Bajitpur Bhadwas but it had no building, a Gram Sabha was convened on 7.4.1998 in the village. In the said Gram Sabha a Beneficiary Committee of the Village was constituted and the appellant was elected Secretary of the said Beneficiary Committee. Since there was no suitable land for construction of the building of the Anganwari Centre, Deo Narayan Paswan, father of the appellant, agreed to donate 3 decimals of Bhit land appertaining to Plot no. 30, Khata no. 24. Pursuant to the decision of the Gram Sabha he executed a registered deed for construction of the building of the Anganwari Centre in favour of the Hon ble the Governor of Bihar on 6.5.1998. The Block Development Officer thereafter issued work order in favour of the appellant for construction of the Anganwari building and also granted Rs. 7,000/- as an advance for initiating the construction work. The cost of construction of the Anganwari building was fixed at Rs. 1,48,000/- and it was to be completed by 21.10.1998.

4. The appellant after receipt of the work order started construction work and by 10.5.1998 and construction was made upto the plinth level on investment of Rs. 17,901/-. While construction was going on some interested persons filed representation for change of the site for construction of the Anganwari building. On the direction of the District Magistrate, the Block Development Officer stopped the construction work. Respondent No.1, Ram Sagar Singh filed a writ petition bearing C.W.J.C. No. 5575 of 1998 as Public Interest Litigation for change of the site of construction of the Anganwari building. The said writ petition was dismissed on 23.4.2002 with observation that issue involved was whether the Anganwari building was being constructed on the private land at village Bajitpur Bhadwas and if the petitioner is so serious may raise such issue before the local Gram Panchayat. However, no order to restart the work was issued and on the application filed by the Mukhiya of the Gram Panchayat the District Magistrate stayed the construction work vide order dated 5.3.2002 as contained in the application dated 25.2.2002, annexure-14. The appellant filed CWJC No. 8598 of 2002 for quashing the order dated 5.3.2002, Annexure-14 passed by the District Magistrate. A Bench of this Court after hearing the parties and taking into consideration the counter affidavit filed by the respondents found that the site for construction of the Anganwari building was approved in the Gram Sabha of the village and in