Patna High Court
Madan Kumar @ Madan Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The writ petition was dismissed as withdrawn.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 No substantive merits were adjudicated as the petition was withdrawn.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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