Patna High Court
CWJC/7603/2026 of Ishaan Jashe Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7603 of 2026 ====================================================== Ishaan Jashe Son of Mahtab Alam Resident of Ward No.- 41, Sufinagar, Thawaj, P.O.- Biharsharif, Head Office, P.S.- Laheri, District- Nalanda, Bihar. ... ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7603 of 2026
======================================================
Ishaan Jashe Son of Mahtab Alam Resident of Ward No.- 41, Sufinagar, Thawaj, P.O.- Biharsharif, Head Office, P.S.- Laheri, District- Nalanda, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Managing Director, South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.
3.
The District Magistrate and Collector, Nalanda, Bihar.
4.
The Sub- Divisional Officer, Bihar Sharif, Nalanda, Bihar.
5.
The Circle Officer, Bihar Sharif, Nalanda, Bihar.
6.
The Chief Executive Officer, Bihar State Sunni Waqf Board, Haj Bhawan, Harding Road, Patna, Bihar.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Netan Chouhan, Advocate
For the State
:
Mr. S. D. Sanjay, Advocate General
Mr. Shashwat Agarwal, AC to AG
For the SBPDCL
:
Mr. Vivek Prasad, SC
Mr. Pratiyush Kumar, AC to SC
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
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ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
15-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred the present writ application in the form of Public Interest Litigation for the following reliefs :- “1. i. For issuance of a writ in the nature of Mandamus directing the respondents to immediately stop the ongoing construction of a power grid (2x10 MVA) at Mazar/Kabristan situated at Neemganj, Pichhata Ghat, Bihar Sharif, Nalanda;
ii. For issuance of a writ in the nature of Mandamus directing the respondents to conduct a fair, independent and time-bound inquiry into the legality and status of the land in question;
iii. For issuance of a writ directing the respondents to restore the land to its original condition, if found to be a Waqf/Kabristan property;
iv. For issuance of a writ directing respondent authorities not to interfere with the religious character of the said land; v. For any other order/orders as this Hon'ble Court may deem fit;”
3. A counter affidavit has been filed on behalf of Respondent no.5. The relevant paragraph of the said counter affidavit is extracted hereinbelow: "13. That the allegations made in the writ petition that the entire land in question is a notified Waqf property and that the power infrastructure project is being constructed over a Kabristan/Mazaar land are not borne out from the revenue records available in the office of the answering respondent.
14. That the petitioner has failed to bring on record any revenue entry, survey record, jamabandi or any conclusive document demonstrating that the entire land comprised in Khata No.212, Khesra No.450 is recorded as Kabristan or Mazaar in the revenue records maintained by the State authorities."
4. Further, upon due enquiry and verification, the competent authority prepared a report dated 16.06.2026. The said report has also been brought on record vide annexure 'A' to the counter affidavit filed on behalf of Respondent No. 5, which is reproduced hereinbelow:-
5. Upon a bare perusal of Annexure-A, it transpires that the land in question is recorded as public land. However, the said report, does not, in any manner, reflect or indicate that the land in question is recorded as a cremation ground.
6. In view of the aforesaid facts and materials available on record, this Court finds no merit in the present Public Interest Litigation.
7. Accordingly, the present writ application stands dismissed.
8. Pending application(s), if any, shall also stand disposed of.
Vanisha/Gaurav (Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) U