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Patna High Court

Kumkum RanjanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is disposed of as withdrawn.

Summary

Petitioner Kumkum Ranjan filed a public interest litigation seeking a writ of mandamus directing various state authorities to remove encroachments on a main road between Ward 5 and Ward 8 in Nirmali, Supaul. The petition alleged that local authorities had failed to act due to influence of a mediator. During the hearing, counsel for the petitioner submitted that the relief could be obtained under the Bihar Public Land Encroachment Act, 1956, and therefore requested to withdraw the writ petition. The Court accepted the withdrawal and disposed of the petition without addressing the merits of the encroachment claim. Consequently, the matter was left to be pursued through the statutory provisions of the Bihar Public Land Encroachment Act.

Issues considered

  • Whether the writ petition seeking mandamus for removal of encroachment is maintainable.
  • Whether the petitioner may withdraw the petition in view of an alternative remedy under the Bihar Public Land Encroachment Act, 1956.

Legislation cited

Subjects

  • public interest litigation
  • writ of mandamus
  • encroachment
  • land reform
  • withdrawal of petition
  • Bihar Public Land Encroachment Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.662 of 2026
                 ======================================================
                 Kumkum Ranjan, Wife of Umesh Ranjan, Resident of Ward No. 5, Nirmali,
                 Anchal-Nirmali, P.S.-Nirmali, District-Supaul, at present residing at
                 Bahadurpur Housing Colony, Kankarbagh, P.S.-Agam Kuwan, District-Patna.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Department of Land Reform,
                 Bihar, Patna.
           2.    The Collector cum District Magistrate, Supaul.
           3.    The Superintendent of Police, Supaul.
           4.    The Sub Divisional Magistrate, Nirmali, District-Supaul.
           5.    The Deputy Collector Land Reforms, Nirmali, District-Supaul.
           6.    The Circle Officer, Nirmali, District-Supaul.
           7.    The S.H.O. Nirmali Police Station, District-Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Dileep Kumar Singh, Advocate
                 For the Respondent/s   :      Mr. Vikash Kumar, SC-11
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   22-01-2026                 This writ petition, in the nature of Public Interest

                   Litigation, has been filed by the petitioner Kumkum Ranjan for

                   the following relief(s):-

                               “1. That by this Public Interest Litigation (PIL)
                                    writ application the petitioner craves
                                    indulgence of this hon'ble court for
                                    issuance of writ of mandamus for directing
                                    and commanding upon the respondent
                                    authorities to remove the encroachment
                                    according to rule made by the encroacher
                                    on the main road between Ward no. 5 and
           Patna High Court CWJC No.662 of 2026(2) dt.22-01-2026
                                                       2/2




                                        Ward no. 8 of Nirmali, District- Supaul,
                                        which is not done by local authority while
                                        removing encroachment on both side of
                                        main road from P.S. and Anchal Nirmali
                                        office to Hatiya Chalk due to influence of
                                        mediator and/or for issuance of appropriate
                                        writ or direction for which your lordship
                                        may deem fit and proper under the
                                        circumstances of the case stated
                                        hereinafter.”


                                 2. After arguing for some time, learned counsel for the

                     petitioner submits that since the relief sought for can be

                     addressed under the provisions of the Bihar Public Land

                     Encroachment Act, 1956, he may be permitted to withdraw this

                     writ petition to approach the concerned authorities.

                                 3. Accordingly, the writ petition is disposed of as

                     withdrawn.



                                         (Sangam Kumar Sahoo, CJ)


                                             (Mohit Kumar Shah, J)
P.K.P./-

U


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