Patna High Court
Bindeshwari Prasad Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was disposed of as withdrawn, and no substantive order on the alleged unlawful interference was made.
Summary
The petitioners, a group of relatives from Askatiya village, filed a writ petition in the Patna High Court seeking mandamus against the State of Bihar, the District Magistrate, the Superintendent of Police, and several private individuals. They alleged unlawful interference by the private respondents in their enjoyment of property rights over certain lands. The petition sought orders directing the respondents to refrain from such interference and to protect the petitioners' peaceful possession, title, and interest. The petitioners later moved the court for liberty to withdraw the petition and re‑file if necessary. The court granted the liberty and disposed of the petition as withdrawn, without addressing the merits of the alleged interference.
Issues considered
- Whether the respondents were unlawfully interfering with the petitioners' right, title, and possession of the disputed lands
Subjects
- writ petition
- mandamus
- property rights
- unlawful interference
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.643 of 2014
======================================================
1. Bindeshwari Prasad Singh Son Of Late Kokaya Singh Resident Of Village-
Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
2. Awadhesh Kumar Singh Son Of Bindeshwari Prasad Singh Resident Of
Village- Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
3. Manju Devi Wife Of Awadhesh Kumar Singh Resident Of Village- Askatiya,
P.O.- Balia, P.S.- Bhawanipur, District- Purnea
4. Ashok Kumar Singh Son Of Bindeshwari Prasad Singh Resident Of Village-
Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
5. Rita Devi Wife Of Ashok Kumar Singh Resident Of Village- Askatiya, P.O.-
Balia, P.S.- Bhawanipur, District- Purnea
6. Dinesh Kumar Singh Son Of Bindeshwari Prasad Singh Resident Of
Village- Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
7. Anil Kumar Singh Son Of Bindeshwari Prasad Singh Resident Of Village-
Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
8. Sunil Kumar Singh @ Sunil Kumar Son Of Bindeshwari Prasad Singh
Resident Of Village- Askatiya, P.O.- Balia, P.S.- Bhawanipur, District-
Purnea
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Purnea
3. The Superintendent Of Police, Purnea
4. Buddu Hnasada Son Of Rashik Lal Hansada Resident Of Village- Askatiya,
P.O.- Balia, P.S.- Bhawanipur, District- Purnea
5. Prasadi Mandal Son Of Late Sukhdev Mandal Resident Of Village-
Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
6. Bijendra Muni Son Of Late Mohan Muni Resident Of Village- Askatiya,
P.O.- Balia, P.S.- Bhawanipur, District- Purnea
7. Chandra Kishore Muni Son Of Late Sosan Muni Resident Of Village-
Askatiya, P.O.- Balia, P.S.- Bhawanipur, District- Purnea
8. Gagan Muni Son Of Late Dasrath Muni Resident Of Village- Askatiya, P.O.-
Balia, P.S.- Bhawanipur, District- Purnea
9. Bijo Muni Son Of Late Dukha Muni Resident Of Village- Askatiya, P.O.-
Balia, P.S.- Bhawanipur, District- Purnea
10. Shankar Muni Son Of Uchit Muni Resident Of Village- Askatiya, P.O.-
Balia, P.S.- Bhawanipur, District- Purnea
Patna High Court CWJC No.643 of 2014(4) dt.27-02-2026
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... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjani Kumar Jha, Advocate
For the Respondent/s : Mr.Tej Bahadur Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ in the nature of
mandamus for commanding the respondents
concerned to ensure that there is no unlawful
interference by private respondent in
petitioners' enjoyment of his right to
property regarding the lands in question;
(ii) for issuance of writ in the nature of
mandamus for directing the respondents
concerned to ensure there is no unlawful
interference in the peaceful possession as
well as right, title and interest of the
petitioners;
(iii) for any other relief/reliefs to petitioner
is entitled for.
3. Learned counsel for the petitioners prays for
Patna High Court CWJC No.643 of 2014(4) dt.27-02-2026
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withdrawal of the petition with liberty to agitate afresh.
4. Granting said liberty, the writ petition is disposed
of as withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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