IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10169 of 2025 ====================================================== Anil Kumar Mishra, son of Awadhesh Mishra, Resident of Mohalla- Baradari Katra, P.S.- Bhagwan Bazar, District- Saran at Chapra, Pin Code-841301. Presently Posted as Incharge- Headmaster, Mishri Lal Sah Arya Kanya Uchya Vidyalaya, Chapra, Saran-841301. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Main Secretariat, Patna-800015. 2. The Additional Chief Secretary, Department of Education, Government of Bihar, Vikash Bhawan, Patna. 3. The Director of Secondary Education, Department of Education, Government of Bihar, Buddh Marg, Patna. 4. The Divisional Commissioner, Saran Division, Chapra 841301. 5. The Collector-Cum-District Magistrate, Saran at Chapra -841301. 6. The Regional Deputy Director, Education, Saran Division, Chapra-841301. 7. The District Education Officer, Saran, Chapra-841301. 8. The City Commissioner, Chapra Municipal Corporation, Chapra- 841301. 9. Gunjan Kumar Gupta, son of Late Krishna Kumar Gupta, resident of Mohalla-Sahebganj, Arya Samaj Path, P.O.- Chapra, P.S.-Chapra Town, District- Saran at Chapra-841301. 10. Kunal Kumar Gupta, son of Krishna Kumar Gupta, resident of Mohalla- Sahebganj, Arya Samaj Path, P.O.- Chapra, P.S.-Chapra Town, District- Saran at Chapra-841301. 11. Smt. Manju Gupta, W/o. Krishna Kumar Gupta. resident of Mohalla- Sahebganj, Arya Samaj Path, P.O.- Chapra, P.S.-Chapra Town, District- Saran at Chapra-841301. 12. Om Prakash Gupta, son of Late Mishri Lal Sah, Resident of Kataharibag Infront of Raja Palace, P.O. Chapra, P.S. Chapra Town, District- Saran at Chapra-841301. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan For the Respondent/s : Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Patna High Court CWJC No.10169 of 2025(2) dt.15-09-2025 2/3 2 15-09-2025 In the instant writ petition, petitioner has prayed for the following reliefs : “1. For issuance of appropriates writ(s), Order(s), Direction(s), for directing the official respondents to take appropriate action and restrain the private respondents who are trying to grad the lands of (1) Ramchandra Mahashaya, Arya Shishu Madhya Vidyalaya, Chapra, Saran (2) Ganga Devi Arya Kanya Madhya Vidyalaya, Chapra, Saran, (3) Mishri Lal Sah, Arya Kanya Uchhya Vidyala, Chapra, Saran which have already been gifted by Sri Ram Chandra Prasad (deceased), son of Late Hira Lal Sah to the officiating Secretary Sri Durga Prasad Gupt, son of Sri Bhola Sah vide Deed No. 7763 dated 25.07.1962 for the construction of School / Building under Arya Samaj pertaining in ward no. 2, Circle No. 14, Holding No. 567, admeasuring in Area of 03-16-07 (03 Katha, 16 Dhur 07 Dhurki) its nature of homestead which have duly purchased by the donor on 28.06.1960 from one Sugma Devi vide Deed No. 7935 dated 19.06.1960 (Sugma Devi Vs. Sri Ramchandra Prasad). II. For issuance of appropriates writ(s), Order(s), Direction(s) to the respondents to not disturb the peaceful possession of the petitioner’s School and its educational activities which are running in a proper way under the guidance of the Arya Samaj Ideology which is protected by the State Government by way of minority (Arya Samaj) Schools. III. And also for issuance of appropriates writ(s), Order(s), Direction(s) to the respondent no. 8 to not mutate/ issuance of Patna High Court CWJC No.10169 of 2025(2) dt.15-09-2025 3/3 holding relating to the landed / gifted property of the Ramchandra Prasad Mahashaya Arya Shishu Madhya Vidyalaya, Chapra, Saran mentioned hereinabove, in favour of the private respondents in view of judgment dated 11.02.2025 passed in Probate Case No. 49 of 2018 (Letter of Administration Case No. 49 of 2018) [Manju Gupta and others Vs. Estate of Ramchandra Prasad Mahashaya, Deceased] passed by District and Additional Sessions Judge – IIIrd, Saran at Chapra on the basis of WILL Dated 29.07.1980. IV. For any other writ/s, order/s, direction/s which your lordships may deem fit and proper.” 2. On speculation, the petitioner has invoked remedy of the present writ petition. The same is disposed of as premature, reserving liberty to file fresh writ petition as and when cause of action accrued to the petitioner. GAURAV S./- (P. B. Bajanthri, ACJ) (Alok Kumar Sinha, J) U