Patna High Court
Ram Swarup MandalversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The writ petition is dismissed as withdrawn.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
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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
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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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