Public trust property, once dedicated, extinguishes private rights and vests in trustees, leading to dismissal of claims by non-trustees.

JUDGMENT :

ANIL KUMAR SINHA, J.

1. The present writ petition has been filed restraining the respondent authorities from proceeding with the construction of the Panchayat Sarkar Bhavan at Karjadeeh under Marwan Block, District Muzaffarpur. The petitioner further prays for a direction upon the respondents to conduct an inquiry in terms of the direction, dated 15.11.2024, issued by respondent no. 5, i.e., the District Panchayati Raj Officer. Petitioner also seeks direction upon the respondents to implement and adhere to the guidelines issued by respondent no. 3, i.e., the Monitoring Officer, Panchayat Raj Department, dated 12.05.2021.

2. I.A. No. 01 of 2025 has been filed for adding additional reliefs:

i. For demolition of the structure of the Gram Panchayat Sarkar Bhavan, Karjadeeh, Block Marwan, District Muzaffarpur, which has been constructed upon the land in dispute.

ii. Grant of compensation to Hanuman Pustakalaya, Pratapur, since the construction has been made without following the mandate of law.

3. Considering the nature of I.A. No. 01 of 2025, the same is allowed and the amended prayer shall be taken as forming part of the main writ application.

4. Brief facts giving rise to the present petition are that the petitioner claims to be the legal heir of Late Sewak Singh and Late Hanuman Prasad Singh (who was a member of the family of Late Sewak Singh). Late Hanuman Prasad Singh died issueless, leaving behind his wife, Smt. Ram Adhikari Devi. After demise of her husband, Smt. Ram Adhikari Devi, executed a registered Trust Deed (Nyas Patra), being Deed No. 6809, dated 11.07.1958, in the name of “Hanuman Library, Pratappur.” From perusal of the registered Trust Deed (Nyas Patra), dated 11.07.1958, it would be evident that the total land endowed for the purpose of Hanuman Library measures 2 Bigha, 19 Katha and 17 Dhur.

5. Learned counsel for the petitioner submits that Case No. 49/90-91, under Section 12(2) of the CONSOLIDATION ACT , was filed before the Consolidation Officer, Kanti, Muzaffarpur, wherein the direction was issued to Amin to submit a detailed report regarding the total extent of land belonging to Hanuman Pustakalaya. Pursuant thereto, the Consolidation Officer, by order, dated 07.01.1991, recorded that Khesra Nos. 2504, 50, 45, 594, 595, 1317 and 1252 are lands belonging to Hanuman Pustakalaya. It is further submitted that a Chak Khatiyan also stands recorded in the name of Hanuman Pustakalaya, Pratapur, which fact is evident from Annexure-P/4 of this writ petition.

6. The main bone of contention in the present case arises from the decision of the Panchayati Raj Department, Government of Bihar, communicated vide letter, dated 12.05.2021, whereby, it was resolved to construct Panchayat Sarkar Bhavans in the headquarters of 244 Gram Panchayats so as to achieve the objects and purposes of the Gram Panchayats.

7. The said guidelines provide under Clause 7 that, prior to such construction, the concerned Block Development Officer (BDO) and Circle Officer are required to verify the nature and character of the proposed land and thereafter submit their report to the District Magistrate for appropriate action. The Clause 7 (iv) of the guidelines, dated 12.05.2021, stipulates that the Panchayat Sarkar Bhavan, if possible, shall be constructed on government/public land. It further provides that in the event of non-availability of such government/public land, private land may be gifted in favour of His Excellency the Governor of Bihar, subject to the conditions that the land is undisputed, free from waterlogging, that the donor possesses valid title and possession, and that the site is situated at a place accessible to all villager