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- WITHDRAWN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The petition is disposed of as withdrawn.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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