Patna High Court

Ramesh RayversusThe State of Bihar

Decided: 21 April 2026
Disposal: WITHDRAWN
Bench: KHATIM REZA

Holding

The writ petition is dismissed as withdrawn, permitting the petitioner to seek relief before the appropriate forum.

Summary

The petitioner, Ramesh Ray, filed a writ petition seeking a court order to remove alleged encroachments by respondents 9‑13 on his Khatiyani land. He later requested withdrawal of the petition, preferring to approach the District Collector under Section 4(h) of the Bihar Land Development (Regulation) Act, 2009 for relief. The court considered the petitioner's request to withdraw and the appropriate forum for his grievance. No substantive hearing on the merits of the encroachment claim was undertaken. The court granted the withdrawal, allowing the petitioner to pursue his remedy before the designated authority. Consequently, the writ application was dismissed as withdrawn.

Issues considered

Whether the writ petition should be entertained despite the petitioner's request for withdrawal
Whether the petitioner should approach the District Collector under Section 4(h) of the B.L.D.R. Act, 2009 for redressal

Subjects

encroachment
land dispute
civil writ jurisdiction
withdrawal of petition
Bihar Land Development (Regulation) Act
Section 4(h)
District Collector

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5280 of 2026
                 ======================================================
                 Ramesh Ray, Son of Late Shyam Yadav, Resident of Mohalla- Marufganj
                 Patthar Ghat, Police Station- Malsalami, Post Office- Jhauganj, District-
                 Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Vaishali at Hazipur.
           3.    The Circle Officer, Raghopur, District- Vaishali.
           4.    The Director General of Police, Patna, Bihar.
           5.    The Superintendent of Police, Vaishali at Hajipur.
           6.    The Deputy Superintendent of Police, Vaishali at Hajipur.
           7.    The Officer In-charge of Rastampur Police Station, District- Vaishali at
                 Hajipur.
           8.    The Officer In-charge of Malsalami Police Station, District- Patna.
           9.    Kedar Ray, Son of Ram Narayan, Resident of Mohalla- Nande Gola Naga
                 Das Ka Math, Police Station- Malsalami, District- Patna.
           10. Badri Ray, Son of Ram Narayan, Resident of Mohalla- Nande Gola Naga
               Das Ka Math, Police Station- Malsalami, District- Patna.
           11. Jaddu Ray, Son of Ram Narayan, Resident of Mohalla- Nande Gola Naga
               Das Ka Math, Police Station- Malsalami, District- Patna.
           12. Sidh Ray, Son of Ram Narayan, Resident of Mohalla- Nande Gola Naga Das
               Ka Math, Police Station- Malsalami, District- Patna.
           13. Vijay Ray, Son of Laxmi Ray, Resident of Mohalla- Malsalami, Police
               Station- Malsalami, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ajay Kr Singh No.1, Adv.
                 For the Respondent/s   :      Mr. Standing Counsel (01)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   21-04-2026                  Heard learned counsel for the parties.

                               2. This writ application has been filed for the

                   following reliefs:-

                                             (i) For issuance of an appropriate writ,
            Patna High Court CWJC No.5280 of 2026(2) dt.21-04-2026
                                                        2/2




                                      order or direction, directing and commanding the
                                      respondents to remove the encroachment made by
                                      the respondent nos. 9 to 13 of the petitioner's land
                                      bearing Khata No. 103, Kheshra No. 907 and
                                      Khata No. 202, Kheshra No. 968. The said land is
                                      Khatiyani land of the petitioner but respondent
                                      nos. 9 to 13 have encroached most part of the
                                      above land without any legal right.
                                  3. At the very outset, learned counsel for the petitioner

                      prays for withdrawal of this writ application, so that he may

                      move before the appropriate forum i.e. D.C.L.R. under Section

                      4(h) of the B.L.D.R. Act, 2009 for redressal of his grievance.

                                  4. Considering the aforesaid facts, the writ application

                      is withdrawn with a liberty to move before the appropriate

                      forum for his grievance.

                                  5. Accordingly, the writ application is dismissed as

                      withdrawn.



                                                  (Khatim Reza, J)
prabhat/-

U

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