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Patna High Court
Shiv Mahato vs The State Of Bihar on 9 February, 2026
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14933 of 2025
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1. Shiv Mahato Son of Mahantha Mahato, R/o- Village- Lamauniya, ward no.4,
P.S- Sugauli, Dist.- East Champaran.
2. Nilesh Kumar Jha Son of Late Lutan Jha, R/O Village- Lamauniya, ward
no.5, P.S- Sugauli, Dist.- East Champaran.
3. Ramji Mahto Son of Devnarayan Mahto, R/O- Village- Village-Lamauniya,
ward no.4, P.S- Sugauli, Dist.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Secretary, Home Department,
Government of Bihar, Patna.
2. The State Registrar of Cooperative Societies, Bihar, Patna.
3. The District Magistrate, East Champaran at Motihari.
4. The District Coperative Officer, Districts East Champaran At Motihari.
5. The Sub Divisional Officer, Sub Division- Motihari Sadar, District- East
Champaran.
6. The Circle Officer, Circle Office Sugauli, Dist- East Champaran.
7. The Block Development Officer, Block Office Sugauli, East Champaran.
8. The Block Coperative Officer, Block Office, Sugauli,, East Champaran.
9. Rajesh Chaudhary x
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel 28
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-02-2026
This writ petition in the nature of Public Interest
Litigation has been filed by the petitioners with following
prayer(s):-
"i. For issuance of writ in the nature of
Patna High Court CWJC No.14933 of 2025 dt.09-02-2026
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mandamus directing and commanding the
respondents authority to not construct
Godam of Primary Agricultural Credit
Societies (PACS) over the Land bearing
Khata no. 137, Plot no. 1268, situated in
between Lamauniya and Sarhari Village
under Sugauli Circle Office, District- East-
Champaran, over which the people of several
nearby villages using as Ashmasan (place of
cremation).
ii. For issuance of writ/writs,
direction/directions, order/orders to use
earlier constructed PACS Godam over Khata
no. 846, Plot- 671, area 10 decimal, under
thana no. 31, Tauzi no. 951, Village Sugaun
Tola Lumainia, Circle Office, Sugauli,
District- East-Champaran, and construct
Godam if required over Bihar State Public
Land which are several in number in the
village.
iii. For issuance of an appropriate writ to
protecting the Customary practice and rituals
practiced by the villagers in the aforesaid
mentioned land.
iv. To grant any other relief/reliefs, direction/
directions, order/orders for which the
petitioner is entitled under facts and
circumstances of the case as well as on law."
2. When the matter was taken up on 09.01.2026, we
passed the following order(s):
"1. As per the order dated 12.12.2025,
learned counsel for the Respondent Nos. 3 to
8 has filed a counter-affidavit wherein, in
Paragraph No. 7, it has been indicated that
the Revenue Clerk and Circle Amin
submitted a report that in survey Khatiyan
Patna High Court CWJC No.14933 of 2025 dt.09-02-2026
3/4
Khata No. 137, Plot No. 1268, Area AC. 0-
11-19 is in the category of Parti Kadim and,
at present, it is being used as a place for
cremation and in that part of land, the
godown is to be constructed and in
Paragraph No. 11, it has been mentioned that
the District Cooperative Officer, East
Champaran, Motihari vide Letter No. 2910
dated 25.09.2025 to Anchal Adhikari,
Sugauli intimated that the request has been
made to the Department for allotment for
construction of godown in the selected land.
2. According to the learned counsel, the
selected land means the land which
appertains to Khata No. 137, Plot No. 1268,
Area AC. 0-11-19 as indicated above.
3. When we put a pertinent question to the
learned counsel for the State as to whether
any alternate arrangement has been made for
construction of godown as the plot has been
used for cremation and performing the last
rites of the local residents, the learned
counsel seeks some time to obtain instruction
and file a specific affidavit to that effect."
3. The supplementary counter affidavit has been filed
on behalf of respondent nos. 3 to 8, wherein it is stated as
follows:
"6. That so far as the specific query made by
this Hon'ble Court vide order dated
09.01.2026
is concerned, it is stated that the
Circle Officer, Sugauli vide its letter no.
1014 dated 15.12.2025 has directed the
Revenue Karamchari and Anchal Amin to
search out suitable alternative land for the
construction of 1000 MT capacity Godown
Patna High Court CWJC No.14933 of 2025 dt.09-02-2026
and report within four weeks.
7) That it is further stated that the Circle
Officer, Sugauli has also requested the
District Co-operative officer vide letter no.
994 dated 22.12.2015 not to make any
constriction over the land in question and
also intimated him that the Revenue
Karmchari has been directed to search out
for suitable land for construction of 1000 MT
Capacity Godown and report within four
weeks."
4. In view of such specific stand taken in the
supplementary counter affidavit, filed by the respondent nos. 3
to 8, we are not inclined to pass any order in this Public Interest
Litigation.
5. Accordingly, the same is disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
guddukr/-
AFR/NAFR
CAV DATE
Uploading Date 10.02.2026
Transmission Date
