Council Of Allama Iqbal College And Allied Institutions And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9198 of 2017 ====================================================== 1.

Council Of Allama Iqbal College and Allied Institutions and Anr 2.

Allama Iqbal College, Biharsharif, Nalanda, through is Secretary, Shah Jawedy Son of Abdul Wadood , R/o Village P.O.P.S.- Biharsharif, DistrictNalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Irrigation Department,Shichai Bhawan, Bihar, Patna.

4.

The Commissioner, Patna Division, Patna.

5.

The District Magistrate, Nalanda at Bihar Sharif. 6.

The Sub -Divisional Officer, Bihar Sharif.

7.

The Additional Collector, Nalanda at Bihar Sharif. 8.

The Deputy Collector Land Reforms, Biharsharif, Nalanda. 9.

The Circle Officer, Biharisharif, Nalanda.

10.

The Municipal Commissioner, Municipal Corporation, Biharsharif, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2025 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) To command the respondents and order them to settle/transfer 2.16 Acre of land adjacent to eastern side of Allama Iqbal College, Biharsharif, Nalanda falling under Mauza- Rampur Baignabad of Thana No. 110 appertaining to Plot No. 1361, 1363, 1364, 1365, 1374, 1375, 1376, 1377, 1378, 1379 and

Patna High Court CWJC No.9198 of 2017(2) dt.21-04-2025 2/2 1380. The said land had belonged to Irrigation Department and has not been in use since more than three decades.

(ii) To command the respondent and direct them to settle land in question above said with the petitioners, which is a Minority Institution, and proposed settlement of lease/transfer would serve the public interest as issue in question has involved public element and thus required affirmative consideration.

(iii) Alternatively, the respondents should be directed to sale the land in question to the petitioners at the rate prescribed under law as this would enable petitioners to ensure expansion of the College for purpose of allowing existing students to perform sports activities.

(iv) For issuance of any appropriate writ/direction/order for which petitioners are found entitled to under facts and circumstances of the case.

3. Learned counsel for the petitioner prays for withdrawal of the petition to seek alternate remedy.

4. Without commenting on the merit of the case, the petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U