Patna High Court
Ankit RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the matters raised cannot be adjudicated in a public interest litigation and ordered the writ petition to be disposed.
Summary
The petitioner seeks a direction to stop the construction of a Panchayat Sarkar Bhawan on 3 acres 38 decimals of land that was gifted in 1949 to S.R.S. Middle School for educational purposes. The State authorities proceeded with the building, claiming a No‑Objection Certificate from the school headmaster and asserting that only 0.50 decimal of the land is being used and does not affect school activities. The petitioner contends that the deed of gift imposes a restriction to educational use only and that the construction is unauthorized. The respondents argue that the deed contains no such exclusive-use condition and that the construction does not prejudice the school. The High Court held that the issues raised are not suitable for adjudication in a public interest litigation and that the petitioner must pursue the appropriate legal remedy elsewhere, thereby disposing of the writ petition.
Issues considered
- Whether the deed of gift imposing the land for educational use restricts the State from constructing a Panchayat building on the same land.
- Whether the school, as the holder of the gifted land, can validly issue a No‑Objection Certificate for the construction.
- Whether a public interest litigation is the proper forum to adjudicate the dispute over land use.
Subjects
- public interest litigation
- deed of gift
- land use restriction
- Panchayat Sarkar Bhawan
- school property
- jurisdiction
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3818 of 2025
======================================================
Ankit Raj Son of Arbind Kumar Singh, Resident of Usha Ashiyana, Uttar
Tola, Near Panchayat Bhawan, Ward No.4, Khawaspur, P.S. Pirpainti,
District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms, Bihar, Patna.
2. The District Magistrate, Bhagalpur (Bihar).
3. The Principal Secretary of Revenue and Land Reforms Department, Patna
(Bihar).
4. The District Revenue and Land Reforms Officer, District- Bhagalpur, Bihar.
5. The Additional District Revenue and Land Reforms Officer, District
Bhagalpur, Bihar.
6. The Sub Divisional Officer, Kahalgaon, District- Bhagalpur (Bihar).
7. The District Education Officer, Bhagalpur, Bihar.
8. The Circle Officer, Pirpainti, District- Bhagalpur (Bihar).
9. The Halka Karamchari, Block Pirpainti, District- Bhagalpur (Bihar).
10. The Principal, S.R.S. Middle School, Khawaspur Panchayat, Block
Pirpainti, District Bhagalpur (Bihar).
11. The Panchayat Secretary, Khawaspur, Panchayat, Block Pirpainti, District-
Bhagalpur (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunita Kumari, Advocate
For the Respondents : Mr. P.K. Shahi, Advocate General
Mr. Vikash Kumar, Advocate
Mr. Rakesh Ranjan, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 31-01-2026
Patna High Court CWJC No.3818 of 2025 dt.31-01-2026
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This writ petition in the nature of Public Interest
Litigation has been filed by the petitioner, Ankit Raj with
following prayer(s):-
“That the instant writ application, in the nature of
Public Interest Litigation is being prepared by the
writ applicant for an appropriate direction upon the
respondent authorities to panchayat Khawaspur,
Block: Pirpainti, District: Bhagalpur, in the year
1949 dated 22.08.1949 by Sri Mohan Mandal,
Sabhapati spread over an area 3 acres, 38 decimals
bearing Khata No. 5362, Khesra No. 5552, which is
gifted for purpose of educational use and play
ground and which land recorded as shown in the
Register-II in the name of Middle School,
Khawaspur reported by Anchal Adhikari, Pirpainti,
District: Bhagalpur, School Code-10222604401 and
record of owner of Account No. 2203411294005087
issued by Revenue and Land Reforms, District:
Bhagalpur (Bihar).”
2. After issuance of notice, the counter affidavit has
been filed on behalf of Respondent Nos. 2, 5, 6 and 8 by one
Abhimanyu Kumar, Block Development Officer, Pirpainti
wherein in paragraph nos. 10, 11, 12, 13, 14, 15 and 16 it is
stated as follows:-
“10. That it is further submitted that there is no
dispute over the fact that the said piece of land is
recorded in the name of the concerned School and
this is also not in dispute that the construction of the
said building is being done on the part of the land.
11. That it is further pertinent to state here that the
construction of Panchayat Sarkar Bhawan being a
Government Scheme was recommended over 0.50
Decimal, part of aforesaid land by the Circle
Inspector, Pirpainti.
12. That thereafter the concerned School had also
issued No-Objection Certificate on 16.11.2022
Patna High Court CWJC No.3818 of 2025 dt.31-01-2026
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making the way clear for the construction of
Panchayat Sarkar Bhawan.
13. That it is further submitted and stated that the
issuance of No-Objection Certificate by the
Headmaster of the School shows and proves that the
School had no objection to the construction of
Panchayat Sarkar Bhawan over part of its land.
14. That it is submitted and stated that the
construction of Panchayat Sarkar Bhawan has been
completed to a great extent i.e. upto IInd Story, and
remaining work is still going on and on the verge of
completion.
15. That it is also worth mentioning that neither the
School Administration nor the Public has objection
to the construction of Panchayat Sarkar Bhawan.
16. That it is also necessary to bring to the kind
notice of the Hon'ble Court that construction of
Panchayat Sarkar Bhawan has not affected the
playground of the School adversely.”
3. The petitioner has filed supplementary affidavit
which is dated 07.10.2025 wherein in paragraph nos. 6, 7 and 8,
it is stated as follows:-
“6. That it is humbly submitted that in view of the
aforesaid facts and circumstances, the order dated
22/09/2025 passed by this Hon'ble Court has been
stated before filing the writ petition, the petitioner
and the villagers had informed the Station House
Officer[SHO]Aachari on 25/12/2024 to stop the
construction, after which the SHO halted the
construction; however, after stopping the work, after
stopping the work, boring was started again and the
construction work for building was commenced.
7. That even before the commencement of the work,
the petitioner had always informed the concerned
authorities through communication that a plan was
being prepared to carry out the construction of a
Panchayat Bhawan within the school premisses,
which was legally unauthorized. [Is being also
annexed in Annexures P/4-5 in this writ petition].
8. That the petitioner had been also submitted
through as evidence of video construction of
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Panchayat Bhawan legally unauthorized in school
campus, than the children will have difficulty in
playing and therefore he was informed the
concerned authorities about several means, though
representation, mail and Video Platform;
https//www.facebook.com/Nazaara 24News/videos/
through vide URL no. 1077508217452179, dated
06/01/2024, vide URL no. 2890347551143653 dated
08/01/2024 and vide URL no.
681632214313237/dated 22/03/2024.”
4. One second supplementary affidavit has also been
filed by the petitioner which is dated 12.12.2025, wherein, in
paragraph no. 5, it is stated as follows:-
“5. That it is humbly submitted that in view of the
aforesaid facts and circumstances, in the light of the
order dated 01/12/2025 passed by this Hon'ble
Court in the year 1949 dated 22.08.1949 by Sri
Mohan Mandal, Sabhapati gifted the land on the
condition that it would be used only for school and
educational purposes.”
5. As per the previous order dated 01.12.2025
supplementary counter affidavit has been filed on behalf of the
Respondent Nos. 2, 5, 6 and 8, wherein, in paragraph nos. 11,
12, 13, 14, 15 and 16 it is stated as follows:-
“11. That with respect to Annexure-P/11 to the writ
application, it is submitted and stated that the same
is not lease document, rather it is deed of gift which
would be evident from the perusal of the said
annexure.
12. That it is here also worth mentioning that the
concerned deed of gift does not stipulate that the
concerned land would be used exclusively only for
the educational purpose.
13. That it is stated here that the said document does
not put any condition on the otherwise use of the
land.
14. That it is further pertinent to state here that
Patna High Court CWJC No.3818 of 2025 dt.31-01-2026
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recommendation for construction of the Panchayat
Sarkar Bhawan being a Government Scheme, was
made only for an area measuring 0.50 decimal one
of the total land belonging to school, which is no
manner effect either the academic activities or the
playground of the school.
15. That it is further pertinent to state here that
before taking decision for the construction of
Panchayat Bhawan over the said piece of land, the
interest of school and students was always kept in
mind as one of the priorities.
16. That it is also worth mentioning that neither the
school administration nor the public has objection
to the construction of Panchayat Bhawan over the
said piece of land.”
6. The petitioner has filed reply to such
supplementary counter affidavit dated 29.01.2026, wherein, in
paragraph no. 6, it is stated as follows:-
“That it is stated that as per rule of registered gift no
right to used other purpose, respondents no any right
to construct in which land to Panchayat Bhawan.”
7. The crux of the matter is whether the Respondent
No. 10, S.R.S. Middle School to whom the land was stated to
have been gifted by the petitioner by way of registered deed, he
has got the power to give no objection to the State for
construction of Panchayat Sarkar Bhawan or not and if so, if
there is any deviation, what reliefs can be given to the petitioner,
can be adjudicated before the competent court.
8. After perusing the averments taken in the writ
petition, the counter affidavits and supplementary affidavits
filed by the respective parties, we are of the view that in this
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Public Interest Litigation, such issues cannot be adjudicated. It
is open to the petitioner to take recourse in accordance with law.
9. Accordingly, the writ petition stands disposed of.
10. Pending I.A., if any, shall also stand disposed of.
(Sangam Kumar Sahoo, CJ)
(Bibek Chaudhuri, J)
guddukr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.02.2026
Transmission Date NA
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