Patna High Court
Surendra Yadav @ Ajeet Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- VIKASH KUMAR
Holding
The writ petition is dismissed as withdrawn.
Summary
The petitioner, Surendra Yadav, filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and several officials concerning land encroachment. He submitted annexure P/7 showing that a first appellate authority had ordered proceedings against the encroachers and directed him to approach the Circle Officer, Rafiganj. After the court’s hearing, the petitioner’s counsel sought permission to withdraw the writ application. The court granted the request and dismissed the writ petition as withdrawn. Consequently, no substantive merits of the dispute were adjudicated.
Issues considered
- Whether the writ petition should be entertained in view of the pending proceedings ordered by the first appellate authority
- Whether the court can dismiss the writ petition upon the petitioner’s request to withdraw
Subjects
- writ jurisdiction
- withdrawal of petition
- land reform
- encroachment
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1941 of 2025
======================================================
Surendra Yadav @ Ajeet Kumar Yadav Son of Late Manik Chand Yadav, R/o
Village- Maw, Post- Simal, P.S.- Kasma Anchal- Rafiganj, District-
Aurangabad (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land Reform
Department, Government of Bihar, Patna.
2. The District Magistrate, Aurangabad (Bihar).
3. The Superintendent of Police, Aurangabad (Bihar).
4. The Sub-Divisional Officer, Aurangabad (Bihar).
5. The Anchal Adhikari, Rafiganj, District- Aurangabad (Bihar).
6. The Officer Incharge, Kasma (Rafiganj), District- Aurangabad (Bihar).
7. Brahamdeo Yadav, S/o Late Tetar Yadav, R/o Village- Maw, Post- Simal,
P.S.- Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
8. Akhilesh Yadav, S/o Birju Yadav, R/o Village- Maw, Post- Simal, P.S.-
Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
9. Suresh Yadav, S/o- Mangar Yadav, R/o Village- Maw, Post- Simal, P.S.-
Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
10. Uday Yadav, S/o Mangar Yadav, R/o Village- Maw, Post- Simal, P.S.-
Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
11. Ramdeo Yadav, S/o- Ramswaroop Yadav, R/o Village- Maw, Post- Simal,
P.S.- Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
12. Pramod Yadav, S/o- Brahamdeo Yadav, R/o Village- Maw, Post- Simal, P.S.-
Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
13. Anil Yadav, S/o Birju Yadav, R/o Village- Maw, Post- Simal, P.S.- Kasma,
Anchal- Rafiganj, District- Aurangabad (Bihar).
14. Mungesh Yadav, S/o- Bishun Yadav, R/o Village- Maw, Post- Simal, P.S.-
Kasma, Anchal- Rafiganj, District- Aurangabad (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kr. Singh, Advocate
Mr.Ranjit Kumar, Advocate
For the State : Mr. Shiv Sharma Prasad, SC-8
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Shri Arvind Kumar Singh along with Shri
Ranjit Kumar, Advocates for petitioner and Shri Shiv Sharma
Patna High Court CWJC No.1941 of 2025(2) dt.06-07-2026
2/2
Prasad, learned SC-8 for the State.
2. It appears that the petitioner by way of Annexure
P/7 has brought on record the decision of the first appellate
authority dated 22.10.2019 to the extent that proceeding has
already been initiated against the encroachers and he was
requested to put his case before the Circle Officer, Rafiganj.
3. Subsequently, on being confronted the learned
counsel appearing on behalf of the petitioner seek permission of
this court to withdraw the writ application.
4. Accordingly, the writ application stands dismissed
as withdrawn.
(Vikash Kumar, J)
Rohit/-
U
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