IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16868 of 2007 1. Dip Narayan Rai, Son of Sri Mithu Lal Rai, Resident of Boring Road, P.S.-Srikrishna Puri, in the Town and District of Patna. 2. Rajan Kumar Yadav, Son of Late Dr. Ram Govind Sing, resident of Dr. Ram Govind Singh Path, Kankarbagh, P.S.-Kankarbagh in the Town and District of Patna. 3. Arun Kumar Singh, Son of Shri Surya Vijay Singh, resident of 91-A, Boring Canal Road in the Town and District of Patna. 4. Professor Masalahuddin, Son of Late Md. Kashaamuddin Professor, Department of Urdu, Boring Road, Patna at Haroon Colony, Phulwarisarif, P.S.-Phulwarisarif, Dist. Patna. 5. Vijay Kumar Sinha, Son of Late Jit Bahadur Sinha, resident of Shivpuri, P.S.-Srikrishna Puri in the Town and District of Patna. …….Petitioners. Versus 1. The State of Bihar. 2. The Secretary, Department of Revenue, Govt. of Bihar, Patna. 3. The Collector, Patna, District-Patna. 4. Bani Dey, Wife of Late Ashis Kumar Dey, resident of 22/25, Rustamjit Street, Tollyganj, Calcutta. …….Respondents. ----------- For the Petitioners : Mr. Manish Singh, Advocate. For the State : Mr. A. Amanullah, Advocate, : Mr. Arun Kumar Prasad, Advocate, JC to SC 17. ------------ 13. 22.06.2009 Heard the parties. Petitioners have filed the present writ petition by way of Public Interest Litigation. It is the case of the petitioners that one Miss. Bana Lata Dey owns certain properties described in Schedule-1 of the writ petition and she made a conditional donation to the State of Bihar of the - 2 - said lands measuring about 18 Kathas and 12 Dhurs. State should take those lands and use it for running an educational institution for the benefit of public. The land is said to be situated on the western side of Boring Canal Road, now a prominent locality in the town of Patna. It is not in dispute that some part of the said land is subject matter of a civil litigation pending in the Civil Court at Patna. From the order of District Magistrate, Patna dated 21.02.2009 which is annexed as Annexure-B to the counter- affidavit of State, it appears that the Collector, Patna has directed the Government Pleader to appear in the said suits on behalf of the Government to claim the property so that the title may be decided in favour of the State and the property may be used for running an institute for children. It further appears from the counter-affidavit that on account of dispute between two rival claimants over a part of the same very lands, Special Leave (Civil) No. 8762 of 2007 arising out of order dated 25.04.2007 passed in Miscellaneous Appeal No. 3617 of 2000 by High Court of Patna, is pending before the Supreme Court of India and the order of status quo appears to have been passed in that case - 3 - on 26.11.2007. The petitioners have already served public interest by bringing the matter to the notice of the Collector, Patna who has already deputed the Government Pleader to appear in the suits concerned which are pending before the Civil Court. In view of aforesaid stand of the Collector, Patna, this writ petition is disposed of. It is made clear that if the State or the petitioners are so advised, they may take steps for their impleadment in the pending matter before the Supreme Court to avoid a situation where the rival claimants over a part of the property may succeed on account of a collusion between them. Vikash/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)