Patna High Court
Shri Krishna MahavidyalayaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner's reliefs were not warranted and dismissed the writ petition, directing the petitioner to approach the appropriate authority for any future disturbance.
Summary
Shri Krishna Mahavidyalaya filed a writ petition seeking a direction to restrain respondent No.8 from selling a parcel of land situated within the college premises, to compel the respondent to gift the land to the college as per a 1963 wish, and to obtain assistance in settling a long‑standing dispute with respondent No.7. The petition also asked for any other appropriate reliefs. The High Court observed that the petitioner could approach the appropriate authority for any future disturbance by any person, including respondent No.8, and did not grant the specific reliefs sought. Consequently, the writ petition was disposed of without any substantive order in favour of the college. The court also disposed of any interlocutory applications.
Issues considered
- Whether the court can issue a direction restraining respondent No.8 from selling the disputed land.
- Whether the court can compel respondent No.8 to gift the land to the college based on a historical wish.
- Whether the court can intervene to settle the land dispute between the college and respondent No.7.
- Whether any other reliefs sought by the college are maintainable.
Subjects
- land dispute
- gift deed
- civil writ jurisdiction
- college premises
- restraining order
- public trust
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20846 of 2025
======================================================
Shri Krishna Mahavidyalaya Lohanda, Sikandra, Jamui represented through
Professor (Dr.) Surendra Narayan, aged about 80 years, Male, Secretary,
Governing Body, Shri Krishna Mahavidyalaya, Lohanda, Sikandra, Distt.-
Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Education,
Bihar, Patna.
2. The Vice Chancellor, Munger University, Munger.
3. The Registrar, Munger University, Munger.
4. The District Officer, Jamui.
5. The Additional District Magistrate, Jamui.
6. The Circle Officer, Jamui.
7. The District Sub-Registrar, Jamui.
8. Rajesh Kumar, S/o Late Ram Naresh Singh, Village- Lohanda, P.S. and
Block- Sikandra, Distt.- Jamui, PIN- 811315.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shree Ganesh, Advocate
For the Respondent/s : Md. Zeeshan Kalim, AC to SC 20
For the University : Dr. Anand Kumar, Advocate
M/s Rajan Prakash, Advocate
Mr. Anuradha Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-01-2026 Heard learned counsel appearing on behalf of the
petitioner; learned counsel for the State and learned counsel for
the University.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“(I) For a direction to the respondents to prohibit
the respondent no.8 to sell the land described as Khata no.41,
Khesra no.859 and 860 measuring continuously 21 decimal
and 17 decimal situated in village Lohanda, P.S. Circle-
Patna High Court CWJC No.20846 of 2025(2) dt.12-01-2026
2/2
Sikandra, Distt- Jamui to any anti social element or any
person who are obstructing in construction of Shri Krishna
Mahavidyalaya, Lohanda Sikandra (Jamui) (hereinafter it will
be mentioned as college) college boundary which are built by
the college authorities on their land as the said land is
situated in the middle of the college land/premises.
(ii) For a direction to the respondent no.8 to gift
the said land mentioned in para1(I) to the college as this was
wish of his maternal Great Grandfather named Late Muso
Singh as he wished to gift the said land to the college in 1963
along with other villagers but due to mistake of the college
authorities mentioning the description of the said land could
not be mentioned in the gift deed to the Hon’ble Governor of
Bihar in 1963 or sell the said land in favour Hon’ble
Governor Bihar for the use of said college on the cost fixed by
the Government.
(III) For a direction to the respondents to help in
settling the dispute regarding the said land mentioned in
above para between the college and respondent no.7 as the
said land is in the middle of the college premises and the said
land was in the possession of the college since more than 60
years.
(iv) For any other appropriate relief or reliefs to
which the petitioner college is found entitled.”
3. Considering the relief, as prayed for in the present
writ petition, the petitioner for any future disturbance by any
person including respondent no.8 may approach the appropriate
authority.
4. The writ petition is accordingly, disposed of.
5. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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