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Patna High Court

Sahab Bigu Das @ Bigu DasversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

Petitioner Sahab Bigu Das filed a writ petition seeking a stay on the construction of Saraswati Vidya Mandir School on his 5‑acre land, alleging that the land had been wrongfully declared a public religious trust. He requested mandamus directing the respondents to act on his representation dated 26‑12‑2025, to remove the encroachment, and to declare the land as his property. The petitioner later sought to withdraw the petition. The Court, after hearing the parties, granted permission for withdrawal and dismissed the writ petition as withdrawn.

Issues considered

  • Whether the land of the petitioner was lawfully declared a public religious trust
  • Whether the construction of the school on the disputed land should be stayed
  • Whether a writ of mandamus can be issued to direct removal of the alleged illegal encroachment

Subjects

  • land dispute
  • public religious trust
  • illegal construction
  • writ of mandamus
  • stay order
  • petition withdrawal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2566 of 2026
                 ======================================================
                 Sahab Bigu Das @ Bigu Das S/o Late Santsukhari Das, R/o Vill- Jhakhra
                 Balua, P.S.- Piprakothi, District- East Champaran, Bihar- 845429.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Land Reforms
                 Department, Govt. of Bihar, Patna.
           2.    The President of Bihar State Religious Trust Board, Patna.
           3.    The District Magistrate, East Champaran at Motihari.
           4.    The District Collector, East Champaran at Motihari.
           5.    The Circle Officer, Pipra Kothi and Bankatwa at Motihari.
           6.    Sant Tekwandas Sarbhangi Saraswati Vidya Mandir School unit of Vidya
                 Bharti through administrator Bihar State Board religious trust, Vidya Pati
                 Marg, P.S. Kotwali, Distt. Patna - 800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Arya Achint, Advocate
                 For the Respondent/s   :      Mr. Rajesh Kr. Sinha, AC to GP-23
                 For the Board          :      Mr. Ganpati Trivedi, Sr. Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-04-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “directing the concerned respondents to
                                  stay the illegal construction of Saraswati Vidya
                                  Mandir School upon the land of the petitioner
                                  situated at Jhakhara Math, Gram – Jhakhra, P.O.
                                  +P.S. - Pipra Kothi, District – East Champaran,
                                  Mauja/Thana No. 211, Khata – 398, Khesra – 1237
                                  & 1238, Area – 5 Acre, by wrongfully declaring the
                                  land of the petitioner as Public Religious Trust;
                                  and/or,
          Patna High Court CWJC No.2566 of 2026(3) dt.20-04-2026
                                                       2/2




                                                ii. In the nature of writ of mandamus
                                    directing the concerned respondents to act upon
                                    the representation dated 26.12.2025, to remove the
                                    illegal encroachment by illegally constructing
                                    Saraswati Vidya Mandir School upon the land of
                                    the petitioner; and/or,
                                                iii. In the nature of writ of mandamus
                                    directing the concerned respondents to declare the
                                    land situated at Jhakhara Math, Gram – Jhakhara,
                                    P.O.+P.S.      -    Pipra      Kothi,   District   –   East
                                    Champaran, Mauja/Thana No. 211, Khata – 398,
                                    Khesra – 1237 & 1238, Area – 5 Acre, belongs to
                                    the petitioner; and/or,
                                                iv. Pass any other order/orders as
                                    deemed fit and appropriate by this Court.”
                                3. Learned counsel for the petitioner prays for

                    withdrawal of the petition.

                                4. Permission accorded.

                                5. Accordingly, the present writ petition stands

                    dismissed as withdrawn.



                                                  (Rajiv Roy, J)
Adnan/-

U


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