Patna High Court
Manoj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed as withdrawn.
Summary
Manoj Kumar Paswan filed a writ petition in the Patna High Court seeking directions for the removal of an alleged illegal encroachment by the State Highway-98 agency on his land (Khata No.6, Khesra No.29, Mauza-Gajna, Katihar). He requested that the encroached 0.3 dsm land be handed over to him and that he be compensated for damages. After hearing, the petitioner’s counsel sought to withdraw the petition. The court accepted the withdrawal and dismissed the writ petition as withdrawn, without addressing the merits of the encroachment claim.
Issues considered
- Whether the State Highway-98 agency illegally encroached upon the petitioner’s land.
- Whether the petitioner is entitled to directions for removal of the encroachment, restoration of possession, and compensation.
Subjects
- illegal encroachment
- land rights
- writ jurisdiction
- withdrawal of petition
- state highway
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6439 of 2024
======================================================
Manoj Kumar Paswan Son of Basudev Paswan Resident of Village-
Dholmara, Post Office- Salmari, P.S.- Azamnagar, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through Additional Chief Secretary Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Additional Chief Secretary Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The District Collector, Katihar, District-Katihar.
4. The Deputy Collector Land Reforms, Katihar, District-Katihar.
5. The Circle Officer, Azamnagagr, Katihar, District- Katihar.
6. The Executive Officer of State Highway-98, Bihar State Road Development
Corporation Ltd., Bihar, Patna.
7. The Executive officer of M/s MG Contractor Pvt. Ltd, Haryana.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Mandal, Advocate
For the Respondent/s : Mr.Standing Counsel 19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-04-2026 Learned counsel for the petitioner undertakes to
remove the defect.
2. Heard the parties.
3. The present petition has been preferred for the
following relief/s:
(i) for issuance of a direction to the
respondent authority for removal of illegal
encroachment over the land of the petitioner
pertaining to Khata no. 6, Khesra no.
Patna High Court CWJC No.6439 of 2024(2) dt.21-04-2026
2/3
29,Mauza-Gajna, situated in Panchayat
Pindal, Block-Azamnagar, District-Katihar
which has been illegally encroached 03
dismal land by State Highway-98 making
agency;
(ii) for issuance of a direction to the
respondent authority to hand over
encroached piece of land i.e. 03 dismal
pertaining to the petitioner which has been
illegally encroached and occupied by the
respondent authority;
(iii) For issuance of a direction to the
respondent authority to hand over the
illegally encroached 03 dismal land in its
original relief features of the land to the
petitioner and compensate the damages to
the petitioner on account of illegal
encroachment;
(iv) for any other relief or reliefs which may
deem fit and proper in the interest of justice.
4. After some argument, learned counsel for the
petitioner, Mr. Arun Kumar Mandal, prays for withdrawal of
Patna High Court CWJC No.6439 of 2024(2) dt.21-04-2026
3/3
the petition.
5. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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