Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as withdrawn.
Summary
The petitioner, Dhananjay Kumar, filed a writ petition seeking a certiorari to quash an order of the Bihar Land Tribunal dated 18‑03‑2024 and directions to demarcate and free his land from alleged illegal encroachment by respondents No.5‑7. The court observed that a title suit (No. 05 of 2023) between the parties was pending and that the petitioner had suppressed this fact, thereby presenting a misleading picture before the coordinate bench. The coordinate bench had earlier ordered dismissal of the petition with heavy costs. The petitioner subsequently requested permission to withdraw the writ, acknowledging the pending suit. The court cautioned the petitioner about future misrepresentations, permitted the withdrawal, and dismissed the petition as withdrawn.
Issues considered
- Whether a writ petition seeking certiorari can be entertained when a pending title suit exists between the parties.
- Whether the order of the Bihar Land Tribunal dated 18‑03‑2024 is amenable to quash by a writ of certiorari.
- Whether the petitioner may withdraw the writ petition after the coordinate bench’s earlier order.
Subjects
- writ petition
- certiorari
- land tribunal
- encroachment
- title suit
- withdrawal
- civil writ jurisdiction
- illegal possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1686 of 2026
======================================================
Dhananjay Kumar Son of Late Ajay Kumar Singh, Resident of Village-
Maksudpur, Karariya Tola, Lalgarh Chhawani, P.S.-Shayampur, Bhatahan,
District-Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principle Secretary, Revenue and Land Reforms,
Government of Bihar, Patna.
2. The District Magistrate cum Collector, Sheohar.
3. The Land Reforms Deputy Collector, Sheohar.
4. The Anchaladhikari, Dumri Katsari, Sheohar.
5. Devanand Singh, Son of Late Umashankar Singh, Resident of Village-
Maksudpur, Karariya Tola, Lalgarh Chhawani, P.S.-Shayampur, Bhatahan,
District-Sheohar.
6. Abhay Kumar Singh, son of Late Umashankar Singh, Resident of Village-
Maksudpur, Karariya Tola, Lalgarh Chhawani, P.S.-Shayampur, Bhatahan,
District-Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
Mrs. Sweta Suman, Advocate
Mr. Prabhat Kumar, Advocate
For the Respondent/s : Mr.Government Pleader 26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 24-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ in the nature of
certiorari to quash the order dated
18.03.2024 passed by learned Member
(Judicial), Bihar Land Tribunal, Patna in
B.L.T. Case No. 60 of 2024 and thereafter an
Patna High Court CWJC No.1686 of 2026(5) dt.24-03-2026
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appropriate writ, order or orders, direction
or directions may be issued commanding the
respondents to measure demarcate and set
free the land of the petitioner from illegal
possession and encroachment from the
respondent No. 5 to 7 appertaining to the
land bearing khata No,824 Plot No,
4881/9131 Thana No, 195, Area 16 decimal
out of 20 decimal Situated at mauza
Maksudpur. Karariya, Anchal Dumari
Katsari, District - Sheohar by disposing of
the land measurement case No. 20/2022-23
and the petitioner further prays for any other
reliefs for which the petitioner is found to be
entitled in the fact circumstances of the case.
3. It is unfortunate if the facts of the case is recorded
as has now come by way of counter affidavit/supplementary
counter affidavit. A Title Suit No. 05 of 2023 is pending
between the parties. These facts were suppressed by the
petitioner earlier and led to the appearance of the District
Magistrate, Sheohar as also the Superintendent of Police,
Sheohar though through virtual mode on 16.02.2026 by a
Patna High Court CWJC No.1686 of 2026(5) dt.24-03-2026
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coordinate bench.
4. The picture that was painted before the coordinate
bench led to the said order, in that background, this Court
wanted the case to be dismissed with heavy cost.
5. However, learned counsel for the petitioner
submits that they will be fighting out of the matter before the
Title Court, unknowingly, this fact could not be brought on
record and now he may be permitted to withdraw the petition.
6. Cautioning the petitioner to be careful in future as
wrong picture led to the appearance of the two heads of the
district causing unnecessary problem, the permission is granted.
7. The writ petition is dismissed as withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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