Patna High Court
Baidyanath MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court disposed the writ petition, directing district authorities to secure records and ensure possession within three weeks, but declined to grant the substantive relief sought.
Summary
Petitioner Baidyanath Mukhiya deposited Rs.16,10,000 on 30-10-2025 after winning an open bid for the settlement of Rajokhar Pokhar, a pond situated within the campus of Rajyakrit Patel High School, but was denied possession despite the managing committee's decision. He filed a writ petition seeking a court order directing the headmaster to execute the settlement agreement and to grant possession of the pond. The petitioner also requested that the settlement period be extended to ten years with a 25% annual increase in payment. The Court directed the District Magistrate and Superintendent of Police to obtain relevant records from education officials and to ensure that the petitioner is not deprived of his right, ordering possession to be effected within three weeks and the issuance of a Parwana. However, the Court held that the substantive relief sought could not be entertained at this stage and left it to the concerned authorities to consider the proposed ten‑year settlement, ultimately disposing of the writ petition.
Issues considered
- What relief, if any, can a High Court grant in a civil writ petition seeking execution of a settlement agreement and possession of property?
- Whether the district authorities can be directed to ensure possession and issue a Parwana in the absence of a formal order from the education department?
- Whether the petitioner's request to extend the settlement period and increase payments can be entertained by the Court.
Subjects
- civil writ jurisdiction
- possession
- settlement agreement
- pond
- school property
- district magistrate
- Parwana
- public interest
- settlement period
- financial loss
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.327 of 2026
======================================================
Baidyanath Mukhiya Son of Late Badair Mukhiya, Resident of Village-
Kaithwar, P.S.- Sakatpur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Director Secondary Education, Bihar, Patna.
2. The District Education Officer, Darbhanga.
3. The District Programme Officer, Secondary Education, Darbhanga.
4. The Block Development Officer, Tardih, Darbhanga.
5. The Circle Officer, Tardih, Darbhanga.
6. The Block Education Officer, Tardih, Darbhanga.
7. The Headmaster, Plus 2 Rajoyakrit, Patel High School, Narayanpur, P.S -
Sakatpur, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mahasweta Chatterjee, Advocate
For the Respondent/s : Mr. Vikramadit, AC to SC 22
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-01-2026 Heard Ms. Mahasweta Chatterjee, learned counsel
appearing on behalf of the petitioner and Mr. Vikramadit,
learned AC to SC 22 for the State.
2.Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“(I) That an appropriate writ may be issued
commanding upon the Headmaster, the Respondent No.7
for executing an agreement with the petitioner with regard
to Rajokhar Pokhar, situated within the campus of Rajyakrit
Patel High School, Narayanpur, for the period as decided
by the managing committee of the school immediately
without any delay.
(ii) Any other relief/reliefs for which the
petitioners are found entitled to.
3. Learned counsel appearing on behalf of the
Patna High Court CWJC No.327 of 2026(2) dt.19-01-2026
2/4
petitioner submitted that it has been resolved by the school
authorities under the chairmanship of the headmaster of the
school, namely, Rajyakrit Patel High School, Narayanpur for
settlement of Rajokhar Pokhar through open bid and petitioner
after the bid, deposited a sum of Rs.16,10,000/-on 30.10.2025
but he has not been given due possession of the pond in question
and earlier the said pond was settled with one Devkala Devi.
4. Considering the relief as prayed for the in present
writ petition and the fact that the petitioner has already
deposited a sum of Rs.16,10,000/- and still petitioner is being
restrained by the villagers and some of the interested persons,
who are influenced by the Managing Committee of the school, I
find it proper to direct the District Magistrate, Darbhanga and
Superintendent of Police, Darbhanga to call for the records
relating to settlement in respect of the pond from the District
Education Officer, Circle Officer and the principal of the school
concerned and thereafter give thoughtful consideration of the
same, so that the petitioner is not deprived of his right after
having deposited the entire amount way back on 30.10.2025. In
case, any formalities or any procedural requirement is awaited,
the District Magistrate must ensure that the same is carried by
the appropriate authority within a period of three weeks from
Patna High Court CWJC No.327 of 2026(2) dt.19-01-2026
3/4
the date of knowledge of this order. The District Magistrate in
garb of the earlier order of this Court which has not been
challenged or any order passed by the District Education Officer
must not delay in allowing the petitioner the possession of the
pond. The Collector must also ensure to issue Parwana or direct
the competent authority to issue Parwana, considering the fact
that the pond has been settled in favour of the petitioner after
due deliberation of the Managing Committee of the school on
30.10.2025.
5. At this stage, Ms. Mahasweta Chatterjee, learned
counsel appearing on behalf of the petitioner informs that in the
public interest, the settlement period should be fixed for 10
years in place of one year, as it was done in case of Devkala
Devi for 5 years, so that Government may not suffer any
financial loss. Petitioner is agreed that if the same is allowed,
the petitioner will deposit yearly increase at the rate of 25% of
the amount which has been settled for the financial year 2025-
26 over and above Rs.16,10,000/-.
6. The relief as prayed for by learned counsel on
behalf of the petitioner at this stage, cannot be looked into by
this Court. However, the authority concerned may consider the
same in accordance with the prescribed procedure for every
Patna High Court CWJC No.327 of 2026(2) dt.19-01-2026
4/4
increase for the period of 10 years, as desired by the petitioner.
7. The writ petition, accordingly, stands disposed of.
8. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
Checking your session…