Patna High Court
Mohan Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as withdrawn.
Summary
Mohan Kumar Sharma filed a writ petition in the Patna High Court seeking a writ of mandamus directing the Circle Officer, Daudnagar Block, to demarcate a parcel of land recorded as "Quabristaan" and to remove encroachments by private respondents. The petition also asked for injunctions restraining the private respondents from disturbing the land or commencing construction pending adjudication, citing communal tension. The petition was heard on 28‑04‑2026. The petitioner’s counsel subsequently moved for withdrawal of the petition. The court accepted the withdrawal and dismissed the writ petition without addressing the merits.
Issues considered
- Whether the High Court can issue a writ of mandamus directing demarcation of land and removal of encroachments
- Whether the court can restrain private parties from disturbing the land or undertaking construction pending adjudication
- Whether a writ petition may be withdrawn after filing
Subjects
- land demarcation
- encroachment
- writ of mandamus
- Quabristaan
- civil writ jurisdiction
- petition withdrawal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11952 of 2025
======================================================
Mohan Kumar Sharma Son of Late Ram Krishna Sharma, Resident of Village
and Post - Arai, P.S.- Daudnagar, District - Aurangabad, PIN- 824143 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reforms, Government of Bihar, New Secretariat, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, New Secretariat, Patna.
3. The District Magistrate- cum- Collector, Aurangabad, District- Aurangabad
4. The Superintendent of Police, Aurangabad, District - Aurangabad.
5. The Sub Divisional Police Officer, Daudnagar Sub Division, District
-Aurangabad.
6. The Sub Divisional Magistrate, Daudnagar Sub Division, District
-Aurangabad.
7. The Circle Officer, Daudnagar Block (Circle), District - Aurangabad.
8. ParmeshwarMowwar, Son of Late Hirdya Mowar, Resident of Village and
Post - Arai, P.S.- Daudnagar, District - Aurangabad, PIN -824143 (Bihar).
9. JaneshwarMowwar, Son of Late HirdyaMowar, Resident of Village and Post
- Arai, P.S.- Daudnagar, District - Aurangabad, PIN - 824143 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakib Ayaz, Advcoate
For the State : Mr. Standing Counsel (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of a
writ of Mandamus or any other appropriate
writ/writs, order/orders or commanding
direction/directions the respondent authorities
Patna High Court CWJC No.11952 of 2025(2) dt.28-04-2026
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particularly the Circle Officer, Daudnagar Block
(Circle), District Aurangabad i.e. Respondent
no. 7 herein for demarcation or delimitation of
land pertaining to Khata No. 256, Plot No. 2096,
area 0.59 decimals situated at Thana No. 3,
District Aurangabad which has been encroached
by the private respondent nos. 8 & 9. The
aforesaid land has been shown as "Quabristaan"
in the Survey Khatiyan.
(ii) for issuance of a consequential
writ in the nature of a writ of Mandamus or any
other appropriate writ/writs, order/orders or
direction/directions commanding the respondent
authorities particularly the Circle Officer,
Daudnagar Block (Circle), District Aurangabad
i.e. Respondent no. 7 hereinafter demarcation or
delimitation of the aforesaid land (Khata No.
256, Plot No. 2096, area 0.59 decimals), remove
the encroachment made by the Respondent nos. 8
& 9. Due to the said encroachment by the
respondent nos. 8 & 9, the said land of the
Quabristaan is being disturbed and high tension
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is prevailing in the society /village between two
communities.
(iii) for issuance of a consequential
writ in the nature of a writ of Mandamus or any
other appropriate writ/writs, order/orders or
direction/directions restraining the private
respondents and be directed to not to disturb the
land in question on the ground that the same is
described as "Quabristaan" in the Survey
Khatiyan.
(iv) for issuance of a consequential
writ in the nature of a writ of Mandamus or any
other appropriate writ/writs, order/orders or
direction / directions restraining the respondents
from initiation of any construction work over the
land in question till the adjudication of
application/petition dated 30.05.2024 filed by
the petitioner before the learned Circle Officer,
Daudnagar Block (Circle), District –
Aurangabad.
(v) for issuance of any other
appropriate writ/writs, order/orders or
Patna High Court CWJC No.11952 of 2025(2) dt.28-04-2026
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direction/directions for grant of any other
relief/reliefs in favour of the petitioner as it may
deemed fit and proper in the facts and
circumstances of the case.”
3. Mr. Shakib Ayaz, learned counsel for the petitioner
prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
vinayak/-
U
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