The court upheld property ownership rights, restricting unauthorized construction on claimed ancestral land until proper legal review.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 02-12-2025 Heard learned counsels for the parties.

2. It is submitted by the petitioner’s counsel that on the petitioner’s land pertaining to Khata No. 151, Khesra No. 221, having an area of 1.51 acres situated at Mauza–Gopalpur in Patna District, the Education Department, Government of Bihar, has started construction work of a kitchen, while the petitioner’s land in question is ancestral land of the petitioner, in respect of which Jamabandi was created in the year 1963, thereafter, rent receipts began to be issued, and the same continued until the year 2025. It is further submitted that the petitioner and his brother jointly filed Title Suit No. 145 of 2014 for declaration of their title, which was decreed in their favour, and the decree has attained finality and the copies of the judgment and decree have been filed with this writ petition as Annexure-P/9. It is further submitted that earlier, the petitioner’s paternal nephew, having half share in the land in question, approached this Court by way of CWJC No. 10730 of 2025, which was disposed of by granting liberty to the petitioner’s nephew to approach the District Collector, Patna. Within the stipulated time, the petitioner’s nephew filed a representation, but no action was taken. When the petitioner approached the District Collector, Patna, by way of Annexure-P/12, his prayer was also not considered mainly on the ground that he had not approached the High Court along with his paternal nephew. These facts clearly show the intention of the Education Department to build the kitchen on the petitioner’s land at any cost, and the petitioner will suffer an irreparable loss if interim protection is not granted to him at this stage.

3. Considering the aforesaid submissions, the State-

respondents are restrained from constructing the alleged kitchen on the land in question until further order.

4. In the meantime, State-respondents’ counsel shall file counter-affidavit on behalf of the State-respondents and in this regard, four weeks’ time is given to him.

5. Put up this matter after four weeks upon filing of the counter-affidavit by the State-respondents, under appropriate heading.

(Shailendra Singh, J)