IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7322 of 2009 Baldeo Mahto, son of Late Kantu Mahton, village Madhutol, PS Khanpur, District Samastipur – Petitioner. Vs. 1) The State of Bihar, 2) The Secretary cum Commissioner, Human Resources Department, Bihar, Patna. 3) The Director, Primary Education, Bihar, Patna. 4) The Principal / Headmaster, Primary School, Madhutol, PS Khanpur, Dist. Samastipur. 5) The Dist. Supdt. Of Education, Samastipur. 6) The District Magistrate, Samastipur – Respondents. 4 25.11.2011 Learned counsel for the petitioner is permitted to add the District Magistrate, Samastipur as a party respondent. Heard learned counsel for the petitioner and the State. This writ petition has been filed in which the petitioner has stated that he had gifted 5 kathas of land appertaining to plot no. 579 to the State of Bihar for construction of a school building. The State of Bihar has constructed the school building on 8 ½ kathas of land of plot nos. 579 and 547. The petitioner does not object to the construction of the school, rather, the prayer of the petitioner is that the State of Bihar by a deed of relinquishment return the property so gifted by him to the State of Bihar. It is only fair that the State of Bihar i.e the District Magistrate, Samastipur should release the property which the petitioner had gifted to the State of Bihar as they have already utilized some other land of the petitioner for construction of the school. This writ petition is allowed with the aforesaid observation and direction to the District Magistrate, Samastipur 2 and the District Superintendent of Education, Samastipur to execute a deed of relinquishment within four months from the date of receipt of a copy of this order stating in the deed itself that they utilized the adjacent land of the petitioner for construction of the school building because of misconception regarding the description of the land as given in the deed of gift. haque ( Sheema Ali Khan, J .)