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Patna High Court

Madan Kumar @ Madan Kumar PaswanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition was dismissed as withdrawn.

Summary

Madan Kumar filed a writ petition in the Patna High Court seeking a mandamus directing various state officials to act on two complaints (dated 11-08-2025 and 14-08-2025) regarding unauthorized encroachment on his ancestral land in Mouza Anjani. He requested the court to order removal of the encroachment, protect his possession, and conduct an inquiry into land records. The petitioner’s counsel later moved for withdrawal of the petition. The court accepted the withdrawal and dismissed the writ petition. No substantive merits were adjudicated as the petition was withdrawn.

Issues considered

  • Whether a writ of mandamus can be issued to compel public officials to act on complaints of land encroachment

Subjects

  • land encroachment
  • mandamus
  • writ petition
  • public officials
  • property rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17843 of 2025
                 ======================================================
                 Madan Kumar @ Madan Kumar Paswan Son of Late Vasant Paswan Resident
                 of Village- Anjani, Baurihi, P.S.- Dhanarua, District - Patna... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar Through the District Magistrate, Patna.
           2.    The Superintendent of Police, District- Patna.
           3.    The Station House Officer, P.S.- Dhanarua, District- Patna.
           4.    The Block Development Officer, Dhanarua, District- Patna.
           5.    The Circle Officer, Dhanarua, District- Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Sumit Kumar, Advocate
                 For the Respondent/s   :         Mr.Standing Counsel (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-04-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate direction,

                                            order, or writ in the nature of mandamus

                                            commanding the respondents to dispose of

                                            the   complaint       dated      11-08-2025       as

                                            contained in Annexure P2 and complaint

                                            dated 14-08-2025 as contained in Annexure

                                            P 3 of this writ application by which it was

                                            requested from them to take immediate steps

                                            to remove the unauthorized encroachment

                                            from the Petitioner's ancestral land situated

                                            at Khata no. 62/315, Keshra no 197/05.
         Patna High Court CWJC No.17843 of 2025(3) dt.21-04-2026
                                                    2/2




                                           measuring 59 decimal at Mouza Anjani,

                                           District -Patna but no action has been taken

                                           till date and he is on the mercy of others;

                                           (ii) for issuance of direction upon the

                                           Respondents to ensure       protection of the

                                           Petitioner's lawfül possession and prevent

                                           further trespass;

                                           (iii) for issuance or direction upon the

                                           Respondents to conduct a proper Inquiry

                                           into the land records and take appropriate

                                           legal action against the encroachers;

                                           (iv) for any other relief/reliefs to which the

                                           petitioner may be found entitled to, in the

                                           facts and circumstances of the case.

                                3. Mr. Sumit Kumar, learned counsel for the

                   petitioner prays for withdrawal of the petition.

                               4. Accordingly, the writ petition is dismissed as

                   withdrawn.



                                                 (Rajiv Roy, J)
Ravi/-

U


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