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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1329 of 2026

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Jagnnath Sah Son of Shiv Sah, Resident of Village Piprahan, PS Kanti,

District Muzaffarpur, Bihar 843109.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, The Revenue and Land

Reforms Department, The Government of Bihar, Patna, Bihar.

2. The District Magistrate, Muzaffarpur.

3. The Superintendent of Police, Muzaffarpur.

4. The Sub Divisional Officer, Muzaffarpur.

5. The Block Development Officer, Block Minapur, Muzaffarpur.

6. The Circle Officer, Block Minapur, Muzaffarpur.

7. The Block Education Officer, Block Minapur, Muzaffarpur.

8. The O.P In Charge, Panapur O.P, PS Minapur, Muzaffarpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Mritunjay Kumar Singh, Advocate

For the Respondent/s : Ms. Sushmita Sharma, AC to SC (9)

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 31-01-2026

Heard learned counsel appearing on behalf of the

petitioner and learned APP for the State.

2. The petitioner in paragraph no. 1 of the present writ

petition has sought, inter alia, the following relief(s), which is

reproduced hereinafter:-

“(i) For issuance of appropriate

writ in nature of Mandamus commanding the

respondent's authorities to be remove the

encroachment from Rajkiya Uttkarmit Middle

School, Piprahan Hindi, premise, which situated

at Village Piprahan under Circle Thana-56,

Mouza-Piprahan Asali, Circle- Minapur, District

Muzaffarpur land of question bearing Khata no.

622, Khesra no. 1642, 2690, 2691, 2692, 2696,

2741 Rakwa 2 acres 56 dismals as such approx

56 dismals land encroached by villagers/Local

Patna High Court CWJC No.1329 of 2026 dt.31-01-2026

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people's.

(ii) For any other relief or reliefs as

your lordships may deem fit and proper in the

facts and circumstances of the case.”

3. The brief facts of the case are that the Head Teacher

of Rajkiya Uttkarmit Middle School, Piprahan, repeatedly

submitted representations before the respondent authorities,

namely Respondent Nos. 2 to 8, during the years 2022 to 2024,

highlighting serious issues affecting the interest of the school

and its students; however, despite such representations, no

effective steps were taken by the authorities (Annexure P/1

series). It is further stated that the petitioner again submitted a

representation dated 09.12.2025 before Respondent No. 2

regarding his genuine grievance for maintaining a healthy

educational environment in the school, but the same has

remained unattended till date, a true copy whereof is annexed as

Annexure P/2. It is alleged that due to illegal encroachment over

the school land, the school premises are suffering from serious

inconvenience, adversely affecting the development of students

and obstructing construction of the boundary wall, thereby

creating daily administrative difficulties. It is further stated that

certain persons have illegally constructed shops and huts over

the school land. Reliance has also been placed on the directions

of the Hon’ble Court passed in CWJC No. 2290 of 1990 vide

Patna High Court CWJC No.1329 of 2026 dt.31-01-2026

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dated 16.10.1998, directing removal of encroachments from

public land and roads, a true copy of which is annexed. Due to

inaction on the part of the respondent authorities, the school

administration has been compelled to run the institution in an

unsafe and unconducive educational environment.

4. Learned counsel appearing on behalf of petitioner

informs that a representation has already been filed before the

District Magistrate-cum-Collector, Muzaffarpur (Annexure- P/2)

which has not been entertained till date and seeks to file a fresh

representation before the District Collector- cum - Magistrate,

Muzaffarpur for the relief(s) as prayed for in the present writ

petition in the light of the judgment passed by this Court in

C