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2023 DAILYLAW 1962 (PAT)

Sajan Kumar Banka v. The State of Bihar

L.P.A/164/2023 · 2026-07-13

Anil Kumar Sinha, Vikash Kumar

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.164 of 2023 In Civil Writ Jurisdiction Case No.16869 of 2022 ====================================================== 1. Sajan Kumar Banka S/o late Kedar Nath Banka, Resident of Warsaliganj, P.O. and P.S. Warsaliganj, District-Nawada. Presently Residing at 406, Ram Babu Plaza, Bhagwat Nagar, P.S. Agam Kuan, District-Patna. 2. Arun Kumar Banka Son of Late Inderchand Banka, Resident of Warsaliganj, P.O. and P.S.- Warsaliganj, District- Nawada. Presently Residing at Rajiv Nagar, Road No. 16, P.S. Rajiv Nagar, District- Patna. 3. Sawar Kumar Banka Son of Late Prahiad Rai Banka, Resident of Warsaliganj, P.O. and P.S.- Warsaliganj, District- Nawada. ... ... Appellant/s Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Chief Secretary, Bihar, Patna. 3. The District Magistrate-Cum- Collector, Jamui. 4. The Principal Secretary, Human Resources Department, Government of Bihar, Patna. 5. The District Education Officer, Jamui. 6. The Block Development Officer, Jhajha, (Jamui). 7. The Principal, Balika Uchcha Vidyalaya, Jhajha, (Jamui). 8. The Circle Officer, Jhajha, District- Jamui. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Veena Kumari Jaiswal : Mr. Upendra Prasad, Adv. For the Respondent/s : Mr.Smt. Shilpa Singh (GA-12) For the State : Mr. Apurva Kumar, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 9 13-07-2026 The present appeal has been filed by the petitioner, being aggrieved by the order dated 15.12.2022, passed by the learned Single Judge in C.W.J.C. No. 16869 of 2022, by which the writ Patna High Court L.P.A No.164 of 2023(9) dt.13-07-2026 2/3 application was dismissed. 2. The issue involved in this appeal is that the petitioner filed the writ application for a direction to the respondent authorities to name the School as “Late Harjimal Banka Balika Uchcha Vidyalaya”, Jhajha, in the name of the ancestor of the petitioner, Late Harjimal Banka, on the ground that the ancestor of the appellant had executed a registered gift deed on 07.09.1989, donating 33 decimal of land for construction of School in question with the condition that it will be named as “Late Harjimal Banka Balika Uchcha Vidyalaya”, Jhajha. 3. 3. Learned counsel for the appellant relied upon the resolution of the Government dated 06.07.1978, vide Notification No. 6-228/77/shik-3517, issued by the Education Department, Government of Bihar, stating that the donee, Government of Bihar, Education Department, shall fix a Marble Plate on the outer premises of the building, inscribing the name of the donor and also the name of the school, prefixing the name of the donor. 4. Learned counsel for the respondent referring to counter- affidavit filed in LPA submits that the land was accepted and the School was established. However, in view of the Resolution No. 1492 dated 19.11.2014 having its clause 4(ii), issued by the Education Department, Government of Bihar, the name of the donor is to be prefixed to the school’s name only where the donor has contributed one acre or more of land, where the donated land is less Patna High Court L.P.A No.164 of 2023(9) dt.13-07-2026 3/3 than one acre, the donor’s name is to be inscribed on a Stone Slab at the main entrance. 5. Learned counsel for the petitioner, at this stage, submits that the petitioner shall be satisfied if the donor’s name is inscribed on a Stone Slab at the main entrance. 6. Having heard learned counsels for the parties and taking into consideration the fact that the petitioner/descendant of the donor has no objection with the Resolution No. 1492, dated 19.11.2014 and he shall be satisfied, if the donor’s name is inscribed on a Stone Slab at the main entrance of the concerned School. Accordingly, the order dated 15.12.2022, passed in C.W.J.C. No. 16869 of 2022, is set aside and the respondents are directed to inscribe the name of the donor on a Stone Slab at the main entrance of the School within a period of three months. 7. Accordingly, the L.P.A. is disposed of. Ashwin/- (Anil Kumar Sinha, J) ( Vikash Kumar, J) U