Patna High Court
Abhishek KumarversusThe Union of India
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn because the petitioner withdrew the relief sought.
Summary
The petitioner, Abhishek Kumar, filed a writ petition seeking a mandamus directing the Union of India and related officials to remove encroachments on his land and demolish structures already built. He also requested a prohibition on further construction. During the hearing on 27-04-2026, the petitioner's counsel, Mr. Rambabu Yadav, voluntarily withdrew the petition. Consequently, the Court dismissed the writ petition as withdrawn without addressing the merits of the encroachment claim. No substantive orders were issued against the respondents.
Issues considered
- Whether the writ petition seeking removal of encroachment should be entertained
Subjects
- land encroachment
- writ petition
- mandamus
- withdrawal of petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5933 of 2024
======================================================
Abhishek Kumar Son of Rabindra singh, Resident of Village- Near
Community Centre Dakhin Tola Bhorey, P.S. Bhore, District-Gopalganj,
Presently staying and working as Doctor in Crest Hospital Lakho, Dist
Begusarai.
... ... Petitioner/s
Versus
1. The Union of India Through the Secretary, Petroleum Ministry, Delhi.
2. The Zonal Manager of Hindustan Petroleum Corporation limited, Mumbai.
3. The Regional Manager of HPCL, Begusarai.
4. The District Magistrate, Begusarai.
5. The Circle Officer of barauni, Begusarai.
6. Vinod Singh S/o- Vishundev Singh, Vill -Asurari, P.S-Barauni ,Dist-
Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rambabu Yadav, Advocate
For the Respondent/s : Mr. Additional Solicitor General
For the Resp. No. 1&2 : Mr. Neeraj Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ(s) direction/s,
order/s in the nature of in mandamus, the
petitioner seeks to command and direct the
respondent authorities to remove from
encroaching upon the petitioner's land. The
petitioner further requests an order prohibiting
any additional construction on the petitioner's
Patna High Court CWJC No.5933 of 2024(2) dt.27-04-2026
2/2
land and mandating the demolition of structures
already done.
(ii) the petitioner argues that
respondent nos. 1 to 5 are unmistakably involved
in the illegal act of encroaching upon the
petitioner's private land, creating a clear case of
land encroachment. The petitioner underscores
the pressing need for judicial intervention to
promptly halt these actions and address the
encroachment situation.
(iii) for any other relief/s for which the
petitioner be found entitled.”
3. Mr. Rambabu Yadav, learned counsel for the
petitioner prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
vinayak/-
U
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