Patna High Court - Orders
Baleshwar Prasad vs The State Of Bihar And Ors on 10 February, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19722 of 2014
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Baleshwar Prasad son of Late Gendhari Mahto resident of village - Makuna,
Police Station - Lakhisarai, District - Lakhisarai
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Education Department, Government of Bihar, Patna
3. The Director, Primary Education, Gover of Bihar, Patna
4. The District Magistrate, Lakhisarai
5. The District Education officer, Lakhisarai
6. The District Programme officer, Lakhisarai
7. The Block Education Extension Officer, Lakhisarai
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Adv.
For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-15
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-02-2026Heard the parties.
2. The present application has been preferred for the following relief(s):
(i) For issuance of a writ of mandamus for direction to the respondents to return the ownership of the land pertaining to khata no. 31 plot no. 75 area 16 dismal situated at Mauza-Makuna P.S. & District-
Lakhisarai to the petitioner which was gifted by the petitioner to the Govt. of Bihar through a registered gift deed dt. 21.02.1981 with condition that the Govt. of Bihar will construct the building of Middle School, Makuna and will take over the school as a fully Govt. school within a period of five years and if the Patna High Court CWJC No.19722 of 2014(3) dt.10-02-2026 2/2 Govt. of Bihar will fail to do so it will be assumed that the land in question has not been gifted to the Govt. of Bihar and the same will be returned to the petitioner as the Govt. of Bihar has failed to comply the condition of the Gift deed.
(ii) For issuance of a writ of mandamus for direction to the respondents to comply the condition of the Gift Deed dt. 21.02.1981 either by constructing the building of Middle School, Makuna on the gifted land of the petitioner and take over the school as a fully Govt. school alongwith the employees of the school or return the same land to the petitioner as the Govt. of Bihar has failed to do so i.e. utter violation of the condition of the Gift Deed.
(iii) For issuance of any other relief / reliefs which may deem fit and proper of the facts and circumstances of the case and for which the petitioner may entitle.
3. Learned counsel for the petitioner prays for withdrawal of the petition.
4. Accordingly, the same is dismissed as withdrawn.
(Rajiv Roy, J) Vijay Singh/-
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