(1.) Instant writ petition has been filed under Article 226 of the Constitution of India to return the land of the petitioner situated in Khata No.57, Plot No.942 in which the respondent-State is running a school.
(2.) The facts are not in dispute that in year 1974, the petitioner had donated 11 decimal of land appertaining to Khata No.43, Plot No.940 , to the then Bihar Government for construction of a school. Further, 11 decimals of land was donated by the petitioner in Plot No.942 of Khata No.57, the school came in Plot No.942.
(3.) The school could not be constructed on the said plot rather it came up in Plot No.942, Khata No.57.