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Patna High Court

Shiv MahatoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the respondents have shown they are seeking alternative land and have been directed not to construct on the disputed plot.

Summary

The petitioners, three residents of Lamauniya village, filed a public interest writ petition seeking a mandamus directing the State of Bihar and various officials not to construct a Primary Agricultural Credit Societies (PACS) godown on land (Khata No. 137, Plot 1268) that is traditionally used as a cremation ground. They also requested that an existing PACS godown on another plot be used and that the customary rites of the villagers be protected. The respondents filed counter‑affidavits indicating that the land in question is classified as "Parti Kadim" and that the Circle Officer has been instructed to search for alternative land and to refrain from any construction on the disputed plot. The court, after considering the supplementary counter‑affidavit showing the authorities' intent to seek alternative land, declined to issue any writ and disposed of the petition. Consequently, the petition was dismissed without any order directing the State to halt the proposed construction.

Issues considered

  • Whether the State can be compelled by mandamus to refrain from constructing a PACS godown on land traditionally used for cremation.
  • Whether the petitioners have locus standi to file a public interest litigation on behalf of the villagers.
  • Whether the court should intervene in the administrative decision concerning allocation of land for cooperative society use.

Subjects

  • public interest litigation
  • mandamus
  • land use
  • customary practice
  • cremation ground
  • cooperative societies
  • PACS
  • administrative law
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14933 of 2025
     ======================================================
1.    Shiv Mahato Son of Mahantha Mahato, R/o- Village- Lamauniya, ward no.4,
      P.S- Sugauli, Dist.- East Champaran.
2.   Nilesh Kumar Jha Son of Late Lutan Jha, R/O Village- Lamauniya, ward
     no.5, P.S- Sugauli, Dist.- East Champaran.
3.   Ramji Mahto Son of Devnarayan Mahto, R/O- Village- Village-Lamauniya,
     ward no.4, P.S- Sugauli, Dist.- East Champaran.

                                                            ... ... Petitioner/s
                                    Versus
1.   The State of Bihar through the Additional Secretary, Home Department,
     Government of Bihar, Patna.
2.   The State Registrar of Cooperative Societies, Bihar, Patna.
3.   The District Magistrate, East Champaran at Motihari.
4.   The District Coperative Officer, Districts East Champaran At Motihari.
5.   The Sub Divisional Officer, Sub Division- Motihari Sadar, District- East
     Champaran.
6.   The Circle Officer, Circle Office Sugauli, Dist- East Champaran.
7.   The Block Development Officer, Block Office Sugauli, East Champaran.
8.   The Block Coperative Officer, Block Office, Sugauli,, East Champaran.
9.   Rajesh Chaudhary x

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Anil Kumar, Advocate
     For the Respondent/s   :      Mr. Standing Counsel 28
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

     Date : 09-02-2026

                     This writ petition in the nature of Public Interest

      Litigation has been filed by the petitioners with following

      prayer(s):-

                                     “i. For issuance of writ in the nature of
Patna High Court CWJC No.14933 of 2025 dt.09-02-2026
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                                         mandamus directing and commanding the
                                         respondents            authority    to        not    construct
                                         Godam of Primary Agricultural Credit
                                         Societies (PACS) over the Land bearing
                                         Khata no. 137, Plot no. 1268, situated in
                                         between Lamauniya and Sarhari Village
                                         under Sugauli Circle Office, District- East-
                                         Champaran, over which the people of several
                                         nearby villages using as Ashmasan (place of
                                         cremation).
                                         ii.         For        issuance          of         writ/writs,
                                         direction/directions,            order/orders          to   use
                                         earlier constructed PACS Godam over Khata
                                         no. 846, Plot- 671, area 10 decimal, under
                                         thana no. 31, Tauzi no. 951, Village Sugaun
                                         Tola Lumainia, Circle Office, Sugauli,
                                         District- East-Champaran, and construct
                                         Godam if required over Bihar State Public
                                         Land which are several in number in the
                                         village.
                                         iii. For issuance of an appropriate writ to
                                         protecting the Customary practice and rituals
                                         practiced by the villagers in the aforesaid
                                         mentioned land.
                                         iv. To grant any other relief/reliefs, direction/
                                         directions,        order/orders          for    which       the
                                         petitioner        is    entitled    under           facts   and
                                         circumstances of the case as well as on law.”


                     2. When the matter was taken up on 09.01.2026, we

         passed the following order(s):

                                         “1. As per the order dated 12.12.2025,
                                         learned counsel for the Respondent Nos. 3 to
                                         8 has filed a counter-affidavit wherein, in
                                         Paragraph No. 7, it has been indicated that
                                         the         Revenue      Clerk     and         Circle Amin
                                         submitted a report that in survey Khatiyan
Patna High Court CWJC No.14933 of 2025 dt.09-02-2026
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                                         Khata No. 137, Plot No. 1268, Area AC. 0-
                                         11-19 is in the category of Parti Kadim and,
                                         at present, it is being used as a place for
                                         cremation and in that part of land, the
                                         godown is to be constructed and in
                                         Paragraph No. 11, it has been mentioned that
                                         the     District     Cooperative     Officer,    East
                                         Champaran, Motihari vide Letter No. 2910
                                         dated      25.09.2025     to Anchal Adhikari,
                                         Sugauli intimated that the request has been
                                         made to the Department for allotment for
                                         construction of godown in the selected land.
                                         2. According to the learned counsel, the
                                         selected      land    means    the    land      which
                                         appertains to Khata No. 137, Plot No. 1268,
                                         Area AC. 0-11-19 as indicated above.
                                         3. When we put a pertinent question to the
                                         learned counsel for the State as to whether
                                         any alternate arrangement has been made for
                                         construction of godown as the plot has been
                                         used for cremation and performing the last
                                         rites of the local residents, the learned
                                         counsel seeks some time to obtain instruction
                                         and file a specific affidavit to that effect.”


                     3. The supplementary counter affidavit has been filed

         on behalf of respondent nos. 3 to 8, wherein it is stated as

         follows:

                                          “6. That so far as the specific query made by
                                         this    Hon'ble      Court    vide    order     dated
                                         09.01.2026 is concerned, it is stated that the
                                         Circle Officer, Sugauli vide its letter no.
                                         1014 dated 15.12.2025 has directed the
                                         Revenue Karamchari and Anchal Amin to
                                         search out suitable alternative land for the
                                         construction of 1000 MT capacity Godown
             Patna High Court CWJC No.14933 of 2025 dt.09-02-2026
                                                        4/4




                                                      and report within four weeks.
                                                      7) That it is further stated that the Circle
                                                      Officer, Sugauli has also requested the
                                                      District Co-operative officer vide letter no.
                                                      994 dated 22.12.2015 not to make any
                                                      constriction over the land in question and
                                                      also    intimated   him   that   the   Revenue
                                                      Karmchari has been directed to search out
                                                      for suitable land for construction of 1000 MT
                                                      Capacity Godown and report within four
                                                      weeks.”


                                  4. In view of such specific stand taken in the

                      supplementary counter affidavit, filed by the respondent nos. 3

                      to 8, we are not inclined to pass any order in this Public Interest

                      Litigation.

                                  5. Accordingly, the same is disposed of.




                                                             (Sangam Kumar Sahoo, CJ)


                                                              (Alok Kumar Sinha, J)
guddukr/-
AFR/NAFR
CAV DATE
Uploading Date          10.02.2026
Transmission Date


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