Chakradhari Sharan Singh, J. – The Bihar State Housing Board (hereinafter referred to as ‘the Board’) has filed this application for review of the order dated 15.09.2015 passed in C.W.J.C. No. 7885 of 2015 (Kumar Prashant vs. The State of Bihar and Others).

2. The writ petition, under Article 226 of the Constitution of India, in the nature of public interest litigation, was filed by respondent No.1 for restraining the Board from converting a plot, i.e., Plot No. PS-I in Sector-II of Bahadurpur Housing Colony, which was earmarked for a primary school, into a memorial park.

3. It was not disputed in the writ proceedings that in accordance with the lay out plan of the Bahadurpur Housing Colony of the Board, the plot, in question, was earmarked for a primary school. A counter affidavit was filed in the writ petition on behalf of the State of Bihar sworn by Jagat Paswan, an Executive Engineer under the Building Construction Department, Government of Bihar, stating that the Department was acting upon a proposal for setting up a park over the said Plot No. PS-I of Sector-II of the Colony in pursuance of the instructions received from the State Government communicated through letter No. 290