Umesh Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13060 of 2025 ====================================================== 1.
Umesh Manjhi Son of Karu Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
2.
Sanoj Manjhi, Son of Late Chandar Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
3.
Uma Manjhi, Son of Late Foolchand Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
4.
Gora Manjhi, Son of Chaitu Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
5.
Chhote Manjhi, Son of Ramswaroop Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
6.
Durgi Manjhi, Son of Tulsi Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
7.
Mahendra Manjhi, Son of Shivcharan Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
8.
Rajesh Manjhi, Son of Santoshi Manjhi Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
9.
Nirmal Manjhi, Son of Dhannu Manjhi, Resident of Village- Khurar, P.S.- Magadh Medical, District- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Additional Chief Secretary, Department of Land Revenue Bihar, Patna.
2.
The Divisional Commissioner Magadh Davison, Gaya. 3.
The District Magistrate, Gaya.
4.
The Sub-Divisional Officer, Sadar, Gaya.
5.
The Circle Officer Town Block, Gaya.
6.
The Bihar State Building Construction Corporation Ltd. Patna though its Chief Managing Director, Bihar, Patna.
7.
The Chief Managing Director, Bihar State Building Construction Corporation Ltd. X ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Respondent/s :
Dr. Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2026 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and the State.
2/4
2. The present petition has been preferred for the following relief/s:
(i) for issuance of an appropriate writ/ writs, order/ orders, direction/ directions for quashing the notice inviting tender No.
04/2025-26 dated 29.04.2025 by which a notice inviting tender with respect to construction of a building of Minority Residential School, under Bihar State Minority Residential School Scheme, at Circle Gaya, District Gaya and the said building is to be constructed on the private land of the petitioners at Khata No. 51 Old new 70 Plot No. 468 and 2 Old New (2) Mauza Belthu, P.S.-Chandauti, DistrictGays, which is totally bad and illegal and further for a direction to the respondent authorities for not disturbing the petitioners from their peaceful possession over the abovesaid land situated at the abovesaid Mauza Belthu as local administration is performing different activities in pursuance
3/4 of the abovesaid tender notice and are disturbing the agricultural activities of the petitioners and further for any other reliefs,.
3. A counter affidavit of respondent no.05 has come duly signed by the Circle Officer, Sadar, Gayaji and paragraphs 09 and 10 read as follows:
9. That thereafter, the Secretary, Minority Welfare Department, Bihar, Patna requested the District Administration to provide an alternative site for construction of the said Minority Residential School and accordingly, vide Memo No. 5152 dated 10.12.2025, the District Magistrate, Gaya allotted 3 acres of land appertaining to Plot Nos.
1351 and 1354 under Khata No. 181 situated at Mauza-Durbey, Thana No.
177 for the said purpose, where the construction of the Minority Residential School is presently on the verge of completion.
10. That from the facts and
4/4 circumstances stated above, it is apparent that the project for construction of the Minority Residential School has been shifted from 3 acres land of Plot No.
02 under Khata No. 70 situated at Mauza-Belthu to 3 acres land of Plot Nos. 1331 and 1354 under Khata No.
181 situated at Mauza-Durbey, where the construction is on the verge of completion and as such no cause of action survives in the present writ petition, which has therefore become infructuous.
4. Learned counsel for the petitioner submits that now the respondents have changed the site of the school, no case remains so far as the petitioner is concerned.
5. Recording the aforesaid two paragraphs of the counter affidavit, the writ petition is disposed of as infractuous. (Rajiv Roy, J) Ravi/- U