Patna High Court
Sahab Bigu Das @ Bigu DasversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The petition is dismissed as withdrawn.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 The Court, after hearing the parties, granted permission for withdrawal and dismissed the writ petition as withdrawn.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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