Santosh Kumar Ishwar vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.303 of 2024
In
Civil Writ Jurisdiction Case No.7124 of 2021
======================================================
Santosh Kumar Ishwar, S/o Brahmdeo Ishwar, resident of village Siuri, within
Manjhaul Gram - Panchayat, 4, P.S.- Chairiya Bariyarpur, Dist.- Begusarai.
... ... Appellant/s
Versus
1. The State of Bihar The District Magistrate, Begusarai.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
4. The District Magistrate cum Collector, Begusarai.
5. The Sub-Divisional Officer, Manjhaul Sub-Division, Begusarai.
6. The Gram Panchayat Raj Manjhaul through its Mukhiya, P.S.- Chairiya
Bariyarpur, Sub- Division Manjhaul, Dist.- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Madan Prasad Singh No.2
For the Respondent/s : Mr.Additional Advocate General (5)
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 20-07-2026
th
The instant LPA challenges an order dated 28 of
February, 2024 passed by the learned Single Judge in
C.W.J.C. No. 7124 of 2021. The writ petition having been
dismissed by the learned Single Judge, the appellant has
preferred the instant appeal assailing the judgement passed by
the learned Writ Court.
2. The facts leading to the filing of the instant
appeal is derived from paragraph no. 2 of the impugned

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judgement which runs as hereunder:-
“2. The present writ petition has
been preferred for the issuance of writ/writs,
direction/directions,Order/Orders,Command/C
ommands and for the issuance of writ
commanding the Respondents not to interfere
in peaceful possession of their land by
construction of water Head Tank and Pipe line
channeling for water supply under ‘Jal Nal
Yojana’ in Manjhaul -4 Gram Panchayať's
village Siwari and other village for
implementation of Jal Nal Yojana under
instruction of local body i.e. Gram Panchayat
Manjhaul 4 without either consent of land
holder or acquisition of Land under Land
acquisition process.”
3. The contention of the State-respondent before
the Writ Court was that the disputed land in question was
donated to the Government by the ancestors of the appellant.
Moreover, the disputed land along with other land is the
subject matter of Title Suit No. 137 of 1994 pending in the
th
Court of learned Civil Judge, Senior Division 5 , Begusarari
in which the appellant has been impleaded as defendant no.
22.
4. It is argued by the learned Advocate for the
appellant that no deed of gift in respect of immovable

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property can be executed except by a registered deed of
conveyance. The claim of the State-respondent that the land in
question was donated orally is absolutely false.
5. The learned Trial Judge wrongly held that the
land in question was donated to the State Government by oral
gift. Therefore, the appellant is entitled to have peaceful
possession over the disputed land.
6. It is contended by the learned Advocate for the
State, on the other hand, that the land in question is the subject
matter of a suit for partition being Title Suit No. 137 of 1994.
In view of such circumstances, the land in question cannot be
held to be exclusively owned and possessed by the appellant.
7. Having heard the learned Counsels for the
parties, we are of the view that the learned Single Judge
misplaced his logic holding inter alia that the ancestors of the
appellant transferred the land in favour of the Government by
oral gift. The gift being a mode of transfer is governed by the
Transfer Of Property Act and it must be done by executing a
registered deed of gift coupled with the intention of the doner
to deliver possession of the property in question and
acceptance thereof by the donee.
8. The execution of a deed in gift and acceptance

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thereof by the donee is a question of fact which cannot be
ascertained by the Writ Court. Moreover, the disputed land is
the subject matter of a partition suit being Title Suit No. 137
of 1994. Until and unless partition suit is disposed of by way
of final decree exclusive ownership of the appellant over the
disputed land cannot be established.
9. The Writ Court held inter alia that the water
tank was constructed in the year 2009 on the disputed land by
Public Health Engineering Department. After a lapse of about
12 years, the appellant / writ petitioner approached the Writ
Court for relief. Therefore, the writ petition is fit to be rejected
on the ground of delay and latches.
10. We are not satisfied with the view subscribed
by the learned Trial Court. If a person is dispossessed illegally
by the Government, the period of limitation is 30 years.
11. Be that as it may, the instant appeal is
disposed of with the following direction that it shall be open
for the appellant to either take recourse of recovery of land or
to seek for compensation only after his exclusive title is
established in Title Suit No. 137 of 1994. This liberty is
granted to the appellant relying on the principle that the
property is an indispensable safeguard against tyranny and

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economic oppression of the Government. Forcible
expropriation of private property of a person from rural area
by the State, without following any lawful procedure or
compensation, is violative of constitutional right under Article
300A, read with Article 21, of the Constitution of India. The
decision of the Hon’ble Supreme Court in Vidya Devi v. State
of H.P., & Ors. reported in (2020) 2 SCC 569 emboldens our
view in this regard.
12. For the reasons stated above, the instant
appeal is disposed of, holding, inter alia, that the writ petition
is not maintainable at this stage. However, the writ petitioner
shall have the special liberty once his title is established by the
Civil Court for claiming his land or compensation.

(Bibek Chaudhuri, J)
( Rana Vikram Singh, J)
uttam/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.07.2026
Transmission Date N/A