Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court ordered that the petitioner be allowed to implead the Additional Chief Secretary, Land Reform, and that the authority determine whether the donor's purpose can be fulfilled or the land should be returned.
Summary
Shanti Devi, who donated 20 katthas of her land in Muzaffarpur to the State in 1988 for the purpose of establishing a public school, filed a writ petition seeking the return of the land, alleging that the State failed to construct the school. The State responded that an enquiry committee found the land is being used by an existing high school, which it claims fulfills the donor's intent. The Court noted that the donor's specific purpose was not met, as the land was not used for a new school, particularly for female education, and that the enquiry was constituted only after a prior court order. The Court allowed the petitioner to implead the Additional Chief Secretary, Land Reform, directing that authority to determine whether the original purpose can still be fulfilled or, if not, to decide the fate of the land. The writ petition was disposed with these observations.
Issues considered
- Whether the State has fulfilled the donor's purpose of establishing a public school on the donated land.
- Whether the land should be returned to the donor if the purpose has not been fulfilled.
- Whether the Additional Chief Secretary, Land Reform, can be impleaded to decide the matter.
Subjects
- land donation
- public school
- government land reform
- writ petition
- return of property
- donor's intent
- implementation of charitable purpose
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6255 of 2019
======================================================
Shanti Devi W/o Raghunath Prasad, R/o Vill. Chhapra Megh, P.S. Mushani in
the district of Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through its District Magistrate, Muzaffarpur.
2. The Sub Divisional officer, Muzaffarpur.
3. The Land Reform Deputy collector, East Muzafferpur.
4. The Circle officer, Muraul, Muzafferpur.
5. The Secretary, Bihar School Examination Board, Patna.
6. The Additional Chief Secretary, Land Reform, Government of Bihar, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Sajid Salim Khan, SC-25
For the BSEB : Mr. P.K. Shahi, Sr. Advocate
: Mr. Gyan Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-01-2026 Learned counsel for the petitioner prays for and is
allowed to implead the Additional Chief Secretary, Land
Reform, Bihar, Patna as respondent no.6 in course of the day.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) commanding the respondents to make
free the land of the petitioner bearing Khata No.
50, Plot No.44 and 39 measuring area 20 Kattha
situated under Muraul Anchal, P.S.-Sakra in the
district of Muzaffarpur.
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(ii) also direction be issued against the
respondents to hand over the said land to the
petitioner in vacant position without any
encroachment over the same.
(iii) also for any other relief/reliefs for
which petitioner is found entitled in the eye of
law.”
3. The petitioner, a lady who wanted to promote the
education in the State of Bihar and as such, decided to part away
with 20 katthas of her personal land situated in the district of
Muzaffarpur with following details: Khata No. 50, Plot No. 39,
44 and area 20 katthas, village Mohammadpur, P.S.-Sakra,
District-Muzaffarpur. Accordingly, the said land was donated in
the name of His Excellency, the Governor of Bihar on
16.11.1987 though the signature records the date as 09.12.1988.
4. It was a voluntary gift of the land holder and the
purpose was for establishing a public school.
5. Three decades later, she moved before this Court
alleging that the respondents failed to construct any school on
the said land and in that background, the respondents should
return the land to her.
6. A counter affidavit has come on behalf of the
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District Magistrate, Muzaffarpur according to which pursuant to
the filing of the writ petition and the order of this Court, a three
member enquiry committee comprising the Additional Collector
(departmental enquiry), Muzaffarpur, the Sub-Divisional
Magistrate, East, Muzaffarpur and the D.C.L.R., East,
Muzaffarpur was constituted on 04.04.2025 and according to the
said enquiry report, the land is presently utilized by High
School, Mohammadpur which has been operational since the
year 1986. It got affiliation in the year 1990, is functioning as a
government institution under Bihar Education Department and
having received the substantial government grants, the
infrastructure development including the classroom, toilet,
boundary walls and construction of an outdoor are planned. The
contention in the counter affidavit is that the intent of the lady of
public education stands fulfilled.
7. The petitioner is not convinced and according to
her, the purpose for donating the land was exclusively for
establishment of school and not to attach the land with any other
school. The further contention is that despite passage of three
and half decades and the petitioner’s desire to have a school for
which such a huge chunk of land was donated in the name of the
His Excellency, the Governor of Bihar, the purpose got defeated.
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8. Having heard the parties and perusing the records,
this Court is of the view that one fact cannot be overlooked that
a land was donated way back in the year 1988. The lady’s intent
was to have a quality school in her district for which she
donated 20 katthas of land. In that background, the least that the
respondents should have been done was to construct a school
preferably for the female child. However, for the reasons best
known is thus they failed.
9. This Court cannot further overlook that the District
Magistrate, Muzaffarpur constituted an enquiry committee on
04.04.2025 six years after this Court’s order passed on
02.04.2019.
10. In that background, with the consent of the parties,
this Court allows the petitioner to approach the newly added
respondent, the Additional Chief Secretary, the Revenue and
Land Reform Department, Bihar, Patna alongwith all the
relevant documents who in turn shall look into the matter, hear
all the parties including the Education Department and take a
decision on the point:
(i) whether the purpose for which the land
was handed over to the State Government in the
name of His Excellency the Governor of Bihar
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38 years ago can be fulfilled even now or not;
(ii) if they do not have any desire to come up
with a new school, the fate of the land donated
by the lady has to be decided.
11. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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