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Patna High Court

Ram Swarup MandalversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The writ petition is dismissed as withdrawn.

Summary

Ram Swarup Mandal filed a writ petition seeking to quash orders of the Bihar Land Tribunal and the Commissioner and to confirm an earlier order granting him possession of land, alleging he is the son of the late Gujai Mandal and a peaceful possessor. Respondents, including the State of Bihar and several individuals, contested his claim, asserting he is an impostor and not the son of Gujai Mandal, supported by a Three Men Committee report. The petitioner was served with the counter‑affidavit in 2022, after which he instructed the court to withdraw the petition. The High Court, noting the withdrawal, dismissed the writ petition and vacated the interim order dated 18‑07‑2022. No substantive merits on the land dispute were decided.

Issues considered

  • Whether the petitioner is the legitimate heir and possessor of the disputed land.
  • Whether the writ petition can be dismissed on the ground of withdrawal by the petitioner.
  • Whether the interim order dated 18‑07‑2022 should remain in force.

Subjects

  • land dispute
  • writ petition
  • quashing order
  • impostor claim
  • withdrawal of petition
  • Bihar Land Tribunal
  • property rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9473 of 2018
                 ======================================================
                 Ram Swarup Mandal S/o Late Gujai Mandal, @ Gujai Chai, R/o Vill.-
                 Kelabari, East Bhitta, P.S.- Ismilepur, District- Bhagalpur.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar through the Principal Secretary, Revenue & Land
                 Reforms, Government of Bihar, Patna
           2.    The Commissioner, Bhagalpur Division, Bhagalpur Division, Bhagalpur.
           3.    The District Magistrate, Bhagalpur.
           4.    The D.C.L.R. Naugachhia, Bhagalpur.
           5.    The Circle Officer, Naugachia, Bhagalpur.
           6.    Sikandar Ali, S/o Late Hafiz Mian, R/o Vill.- Bhitta Ishmilpur, P.S.-
                 Ishmilepur, P.S.- Ishmilpur, District- Bhagalpur.
           7.    Ravindra Yadav @ Abhimanyu Yadav, S/o Gore Lal , R/o West Bhitta, P.S.-
                 Ismilepur, District- Bhagalpur.
           8.    Sanjay Yadav S/o Jyotish Yadav,
           9.    Ugandes Yadav S/o late Priti Yadav, Both R/o West Bhitta, P.S.- Ishmilepur,
                 District- Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhirendra Singh, Advocate
                 For the Respondent/s     :      Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   13-01-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “(i)   to   quash     the   order   dated

                                        27.05.2016 passed by the Bihar Land Tribunal in

                                        B.L.T. Case No. 577 of 2014 as well as order

                                        dated 02.05.2013 passed by the Commissioner,

                                        Bhagalpur Division, Bhagalpur in Misc. (Land
Patna High Court CWJC No.9473 of 2018(7) dt.13-01-2026
                                            2/3




                             Dispute Resolution) Case No. 70 of 2012-13 and

                             further direct the respondents no.1 to 5 to

                             confirm the order dated 17.09.2012 passed by

                             the Deputy Collector Land Reforms, Naugachia

                             a Case No. 127 of 2011-12, Mauza-Ishmilepur

                             and further direct the respondents not to disturb

                             the actual position of the land of the petitioner.

                             They create problem to the petitioner without

                             any valid ground.

                                         (ii) to direct the respondents to protect

                             the life and property to the petitioner.

                                         (iii) any other relief or reliefs.”

                      3. At the outset, Mr. Brajesh Kumar Singh, learned

          counsel representing respondent no. 6 to 9 submit that the

          petitioner is an impostor, not son of Gujai Mandal and a false

          statement has been made in paragraph no.9 of the affidavit that

          after the death of his father, he came in peaceful possession.

                      4. The State also in its counter affidavit on the basis

          of Three Men Committee Report has recorded that he is not the

          son of late Gujai Mandal nor he is in possession of the land in

          question.

                      5. Learned counsel for the petitioner who was served
            Patna High Court CWJC No.9473 of 2018(7) dt.13-01-2026
                                                        3/3




                      the copy of the counter affidavit in the year 2022 where it was

                      clear that he is not the son of Gujai Mandal, submit on

                      instruction that he may be permitted to withdraw the petition.

                                  6. Accordingly, the writ petition is dismissed as

                      withdrawn.

                                  7. The interim order passed on 18.07.2022 stands

                      vacated.



                                                    (Rajiv Roy, J)
vinayak/-

U


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