Patna High Court
Lalan Dass,versusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as withdrawn.
Summary
Lalan Dass filed a writ petition seeking protection of his land in Phulwari Sharif, alleging that a builder had illegally occupied it based on a fraudulent development agreement. He requested various directions, including restraining the builder, ordering an FIR, and directing the Patna Municipal Corporation to act against the illegal construction. The petitioner’s counsel later informed the court that the grievance had been resolved and sought to withdraw the petition. The court considered the withdrawal request and found no need to entertain the reliefs sought. Consequently, the writ petition was dismissed as withdrawn. No substantive adjudication on the merits of the land dispute was made.
Issues considered
- Whether the writ petition should be entertained after the petitioner claims the grievance is redressed
- Whether the court can dismiss a petition on the ground of withdrawal
Subjects
- land dispute
- illegal construction
- development agreement
- writ petition
- withdrawal
- property protection
- municipal corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18970 of 2018
======================================================
Lalan Dass, Son of Late Makhan Das, resident of Bari Khagaul, P.O. and P.S.
Khagaul, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar to The Principal Secretary Revinew Dept.
2. The District Magistrate, Patna.
3. The Senior Superintendent of Police, Patna.
4. The Sub-Divisional Officer, Patna Sadar, Patna.
5. The Deputy Collector Land Reforms, Patna.
6. The Circle Officer, Phulwari Sharif, Patna.
7. The Officer-in-Charge, Phulwari Sharif, Patna.
8. The Patna Municipal Corporation through its Chief Executive Officer, Patna.
9. The Executive Officer, Phulwari Sharif Nagar Parishad, Phulwari Sharif,
Patna.
10. M/s Arya Awash Construction Pvt. Ltd. having its registered office at 464,
Rukanpura, Jagdeo Path, P.S. Rupaspur, District- Patna through its one of
the Director Bipin Kumar, S/o M.P. Singh, resident of Village and P.O. Mor,
P.S. Mokama, District- Patna.
11. Smt. Parmila Chaudhary, W/o Sri Govardhan Choudhary, Resident of
Village- Babu Tola, Maya Niketan, Ward No. 6, Near Bhagwati Asthan,
Vikarmshila Nagar, P.O. and P.S. Kagalgaonv, District- Bhagalpur.
12. Kameshwar Prasad, S/o Shivnandan Singh, Resident of Bhusaula Danapur,
Mubarakpur, Pokharpar, P.S.- Phulwari Sharif, District- Patna.
13. Vikash Kumar, S/o Kameshwar Prasad, Resident of Bhusaula Danapur,
Mubarkapur, Pokharpar, P.S.- Phulwari Sharif, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tuhin Shankar, Advocate
For the Respondent/s : Mr.Sajid Salim Khan, SC-25
For PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-01-2026 Heard Mr. Tuhin Shankar, learned counsel for the
Patna High Court CWJC No.18970 of 2018(3) dt.06-01-2026
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petitioner and Mr. Prasoon Sinha, learned counsel for the Patna
Municipal Corporation.
2. The present petition has been preferred for the
following relief/s:
(i) for a direction to the respondent
Authorities the (Respondent No. 3 to 8) to
perform their statutory duties in protecting
the right and interest of the petitioner over
his land in question situate at Mauza
Bhusaula Danapur, P.S. Phulwari Sharif,
District Patna, (Thana No. 40, Khata No.
506, Survey Plot No. 2040 (part), area 2
Katha 7 dhur) which is being usurped by a
builder purportedly on the basis of a sham
Development Agreement executed by
Respondent No. 11 with regard to
petitioner's land;
(ii) for a further order restraining the
respondent number No. 10 and 11 from
interfering into the peaceful possession of
the petitioner's over the land in question as
well as from making any
Patna High Court CWJC No.18970 of 2018(3) dt.06-01-2026
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trespass/disturbance over the land in
question by appropriate order to that effect
to the Respondent State Authorities in
protecting the petitioner's right on the land
in question;
(iii) for further order/direction to the local
police authorities to register an FIR against
the respondent No. 10 to 13 and to provide
adequate safety and security to the petitioner
from the constant grave threat and danger
on the petitioner's valuable life and
security by the builder and its Directors
and/or their agents/henchmen of the said
respondents;
(iv) to further direct the respondent Patna
Municipal Corporation to enquire and
initiate proceeding against the respondent
Builder with regard to the illegal act of
entering into petitioner's land and
undertaking the illegal construction work
without any sanction/approval boundary
wall etc. and/or to take action if any
Patna High Court CWJC No.18970 of 2018(3) dt.06-01-2026
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approval has been taken on the fraudulent
Development Agreement with regard to the
Petitioner's land and to further pass orders
staying the illegal construction being
undertaking over the land in question.
security by the builder and its Directors
and/or their agents/henchmen of the said
respondents;
(iv) to further direct the respondent Patna
Municipal Corporation to enquire and
initiate proceeding against the respondent
Builder with regard to the illegal act of
entering into petitioner's land and
undertaking the illegal construction work
without any sanction/approval boundary
wall etc. and/or to take action if any
approval has been taken on the fraudulent
Development Agreement with regard to the
Petitioner's land and to further pass orders
staying the illegal construction being
undertaking over the land in question.
3. Mr. Shankar learned counsel for the petitioner
Patna High Court CWJC No.18970 of 2018(3) dt.06-01-2026
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submits that grievance of the petitioner has been redressed and
as such he may be permitted to withdraw the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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