Patna High Court
Maheshwar Prasad Narayan Sngh vs The State Of Bihar on 30 July, 2025
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.256 of 2022
In
Civil Writ Jurisdiction Case No.279 of 2022
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1. Maheshwar Prasad Narayan Singh Son of Late Nagendra Prasad Narayan
Singh Resident of Madhuban Khothi, Aamgola Road, Musahri, Muzaffarpur,
District-Muzaffarpur, Bihar. Permanent Resident of Madhuban Estate,
Village Madhuban, Post-Gulwara Madhuban, District-East Champaran,
Bihar,
2. Dinesh Prasad Narayan Singh Son of Late Nagendra Prasad Singh Resident
of Madhuban Khothi, Aamgola Road, Musahri, Muzaffarpur, District-
Muzaffarpur, Bihar. Permanent Resident of Madhuban Estate, Village
Madhuban, Post-Gulwara Madhuban, District-East Champaran, Bihar,
... ... Appellants
Versus
1. The State of Bihar
2. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna.
3. The Principal Secretary, Labour Resources Department, Government of
Bihar, Patna.
4. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
5. The Director, Labour Resources Department, Government of Bihar, Patna.
6. The Director, Secondary Education, New Secretariat, Patna.
7. The District Magistrate-Cum-Collector, Motihari, East Champaran.
8. The Executive Engineer, Building Division, Motihari, East Champaran.
9. The District Education Officer, Motihari, East Champaran.
10. The Principal, Shri Vishnu Pragash Uchha Vidyalaya, Madhuban.
... ... Respondents
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Appearance :
For the Appellants : Mr. Sriram Krishna, Advocate
Mr. Abhijit Gautam, Advocate
Mr. Amarjeet, Advocate
Mr. Prabhat Kumar Singh, Advocate
Mr. Shashank Shekhar Kunwar, Advocate
For the State : Mr. Raghavanand, GA-11
Mr. Sanjay Kumar, AC to Ex GA-13
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL JUDGMENT
Patna High Court L.P.A No.256 of 2022 dt.30-07-2025
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 30-07-2025
The present intra court appeal is directed against the
order dated 24.03.2022 passed by the learned Single Judge in
C.W.J.C. No. 279 of 2022, whereby the said writ petition filed by
the appellants-writ petitioners was dismissed.
2. As per the facts on record, the appellants' case is that
in the year 1971, appellants' grandfather had started "Shri Vishnu
Pragash Uchha Vidyalaya" in a makeshift building provided by
the appellants' family. Subsequently, it was felt that the school
should have its own permanent land and building. On 19.05.1972
(which is incorrectly mentioned as 13.03.1973), appellants' mother
by virtue of registered Gift Deed bearing registration No. 10663,
donated land in question measuring 5 bighas and 16 dhurs to the
school namely " Shri Vishnu Pragash Uchha Vidyalaya' which
was already in existence. The said gift deed was executed by
mother of the appellant in favour of the Hon'ble Governor of
Bihar with the condition that in case said school becomes non-
functional, the land will be reverted to donor. The appellant-writ
petitioner is aggrieved by the action of the State respondent that
they have constructed an ITI institution over the land donated by
his mother as described above. The appellants approached the Writ
Patna High Court L.P.A No.256 of 2022 dt.30-07-2025
Court seeking correction to shift school building and establish it on
the land donated by their mother or to re-transfer the land in
question to the appellants' family which was donated by their
mother and, in alternative, to name the ITI institution constructed
over the donated land as "Shri Vishnu Pragash Narain Singh".
3. The learned Writ Court, considering the submissions
of the parties, dismissed the writ petition by the order under
challenge dated 24.03.2022 in following terms:-
"Considering that the petitioners by way of writ petition
prays for implementation of the conditions of gift executed by his
mother Late Srimati Raj Dulari Devi. Learned counsel submits that
the land was specifically gifted out for establishment of Shri Vishnu
Pragash Uchha Vidyalaya, Madhuban, however, the respondents have
violated the conditions of gift and are proceeding to make
construction of an Industrial Training Institute.
Question regarding the execution of gift/condition of gift as
well as implementation are pure question of fact which need to be
examined by the competent Civil Court alone and would not fall for
adjudication under Article 226 of the Constitution of India.
Matter being solely factual, writ petition is dismissed."
4. The appellants, being aggrieved by the same order,
has preferred this Letters Patent Appeal on the ground that learned
Single Judge failed to appreciate the alternative prayer to name the
institution constructed on donated land by the appellants' mother
as "Shri Vishnu Pragash Narain Singh". The learned counsel for
the appellants submits that the learned Single Judge ought to have
Patna High Court L.P.A No.256 of 2022 dt.30-07-2025
considered the alternative prayer but he failed to consider the same
and treated the matter as relating to implementation of conditions
of gift or execution of gift and further observed that the same shall
be adjudicated by competent Civil Court and such dispute is not
amenable under Article 226 of Constitution of India.
5. Per contra, learned counsel for the State submitted
that so far the alternative prayer to name the ITI building
constructed over the land of appellants is concerned, it was not a
condition available in gift deed. The land was donated to the
institution namely, "Shri Vishnu Pragash Uchh Vidyalaya" by gift
deed executed in favour of Governor, Bihar. By virtue of
acceptance of the gift the transaction is over, the said gift is a duly
registered document. The appellants in the capacity of legal
representative have no such residuary right over the gifted
property which can be made enforceable under law except for right
of revocation of the gift deed. Such right has been reserved in the
deed itself for which the only forum is the competent Civil Court.
It is also submitted that unless a registered deed is cancelled under
the provision of Specific Relief Act by a Court of competent
jurisdiction, the property cannot be reverted back to the legal
representative of the donor.
Patna High Court L.P.A No.256 of 2022 dt.30-07-2025
6. We have gone through the materials available on
record and considered the rival submissions of the parties. The
only question that arises for consideration by this Court is whether
the order passed by the learned Single judge requires any
interference.
7. In view of the facts of this case, the learned Single
Judge has rightly observed that the appellants should approach a
competent civil court for implementation/ execution of the terms
and conditions of the gift deed. So far the alternative prayer made
in writ petition is concerned, the same is inconsistent with the
recitals of the gift deed. The prayer of appellants to name a
different institution i.e. ITI, Madhuban as "Shri Vishnu Pragash
Narain Singh" cannot be allowed by this Court because it is a
policy matter which is exclusively under the domain of the
executive.
8. However, we have also noticed the content of gift
deed (Annexure-1 to writ petition) which nowhere mentions that,
if in future any building is constructed over the land, the same
shall be named as "Shri Vishnu Pragash Narain Singh".
9. In view of the discussions made above, we do not find
any valid reason to interfere with the order of the learned Single
Patna High Court L.P.A No.256 of 2022 dt.30-07-2025
Judge. However, appellants are at liberty to raise their grievance
before appropriate forum/ Court, if they are so advised.
10. The present appeal is, hereby, dismissed.
11. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Ramesh Chand Malviya, J)
Sachin/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 04.08.2025
Transmission Date N.A.
