Construction on land recorded as public land cannot be permitted if administrative findings support its public use.

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

6 05-01-2026 Heard learned counsel for the parties.

2. The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following reliefs:-

“1. That this writ application is being filed by way of public interest litigation for issuance of an appropriate writ/writs, in the nature of mandamus for directing and commanding the respondents to restrained the respondent concern not to allow construction on the land appertaining to the Khata No. 1865, Khesra Nos. 1546, 1547, 1549, 1550 and 1551, Rakba 0.3352 Hec ( bandgi Nek nam Shah Dargah) and Khata No. 1876, Khesra No. 1548, Rakba No. 0.605 Hec which is shown in khatiyan as “Bandgi nek Nam shah Dargah” respectively and since long other side tried to take over the land for that earlier also proceeding under Section 144 of Cr.P.C. was initiated and it was unanimously held by the authority that the above land is the not kabristan rather it is “Anawad Sarvsadharan parti Bhumi” and used for public meant but keeping behind back dark to the local administration as well as general populace of locality, the land is question on the wrong fact taken over by the Bihar State Sunni waqf Board in which the above land shown as qabristan and Respondent Bihar State Building Construction Corporation Limited, Patna issued Tender Notice No. 44 of 2024-25 for construction of G+ 3 Building which requires to stayed and to declared that the above land in question is for public meant as mentioned in khatiyan and either party are not permits to change its original shape which is continue since independent and/or pass such other order/ orders as your lordship may deem fit and proper in the facts and circumstances of the case”.

3. Upon perusal of the counter affidavit filed on behalf of the Respondent No. 9, it is evident that the construction in question has been made on land recorded as "Sarvsadharan Puja Asthal" in the official records of the Bhagalpur Municipal Corporation. The relevant statements made in paragraph Nos. 3, 4, 5 and 6 of the counter affidavit are extracted hereinbelow:

“3. That the Instant Public Interest Litigation has been filed by the petitioners to restrain the respondents concern to allow construction on the land appertaining to Khata No.1865, Kheara No. 1546, 1547, 1549, 1550 and 1551, Area 0.3352 Hectare (Bandgi Nek Nam Shah Dargah) and Khata No. 1876 Khesra No.1548, Area 0.605 Hectare which is shown in Khatiyan , as "Bandgi Nek Nam Shah Dargah" respectively and since long the respondent particularly respondent No. tried to take over the land for that, earlier also a proceeding was initiated under Section 144 of the Code of Criminal Procedure and it was unanimously held by the authority that the above land is not Kabristan rather It is "Anawad Sarvasadharan Parti Bhumi" and to be used for Public meant but keeping dark to the administration and general public at large, the land in question on the wrong fact has been taken over by Bihar State Sunni Waqf Board Respondent No. 10 in which the above land shown as Qabristan and Bihar State Building construction Corporation Limited, Patna Respondent No. 3 issued Tender Notice No. 44 of 2024-25 for construction of G+3 Building which requires to be stayed and to declare that the above land in question is for public meant as mentioned in Khatiyan and either party be not permitted to change its original shape which continued since independence with other reliefs.

4. That the answering respondent is filing consolidated counter affidavit to the writ petition, on the basis of material available record, but reserves his right to file detail and paragraph wise counter affidavit, if and when required on the permissio