Disputes regarding the interpretation of gift deeds and the authority to grant No-Objection Certificates for land use cannot be adjudicated within the scope of a Public Interest Litigation (PIL); the aggrieved party must seek remedy in a competent civil court.

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

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 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