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2025 DAILYLAW 2213 (PAT)

Mohan Kumar Sharma v. The State of Bihar

CWJC/11952/2025 · 2026-04-28

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11952 of 2025 ====================================================== Mohan Kumar Sharma Son of Late Ram Krishna Sharma, Resident of Village and Post - Arai, P.S.- Daudnagar, District - Aurangabad, PIN- 824143 (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, New Secretariat, Patna. 2. The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, New Secretariat, Patna. 3. The District Magistrate- cum- Collector, Aurangabad, District- Aurangabad 4. The Superintendent of Police, Aurangabad, District - Aurangabad. 5. The Sub Divisional Police Officer, Daudnagar Sub Division, District -Aurangabad. 6. The Sub Divisional Magistrate, Daudnagar Sub Division, District -Aurangabad. 7. The Circle Officer, Daudnagar Block (Circle), District - Aurangabad. 8. ParmeshwarMowwar, Son of Late Hirdya Mowar, Resident of Village and Post - Arai, P.S.- Daudnagar, District - Aurangabad, PIN -824143 (Bihar). 9. JaneshwarMowwar, Son of Late HirdyaMowar, Resident of Village and Post - Arai, P.S.- Daudnagar, District - Aurangabad, PIN - 824143 (Bihar). ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakib Ayaz, Advcoate For the State : Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 28-04-2026 Heard the parties. 2. The present petition has been preferred for the grant of following relief(s): “(i) for issuance of a writ in the nature of a writ of Mandamus or any other appropriate writ/writs, order/orders or commanding direction/directions the respondent authorities Patna High Court CWJC No.11952 of 2025(2) dt.28-04-2026 2/4 particularly the Circle Officer, Daudnagar Block (Circle), District Aurangabad i.e. Respondent no. 7 herein for demarcation or delimitation of land pertaining to Khata No. 256, Plot No. 2096, area 0.59 decimals situated at Thana No. 3, District Aurangabad which has been encroached by the private respondent nos. 8 & 9. The aforesaid land has been shown as "Quabristaan" in the Survey Khatiyan. (ii) for issuance of a consequential writ in the nature of a writ of Mandamus or any other appropriate writ/writs, order/orders or direction/directions commanding the respondent authorities particularly the Circle Officer, Daudnagar Block (Circle), District Aurangabad i.e. Respondent no. 7 hereinafter demarcation or delimitation of the aforesaid land (Khata No. 256, Plot No. 2096, area 0.59 decimals), remove the encroachment made by the Respondent nos. 8 & 9. Due to the said encroachment by the respondent nos. 8 & 9, the said land of the Quabristaan is being disturbed and high tension Patna High Court CWJC No.11952 of 2025(2) dt.28-04-2026 3/4 is prevailing in the society /village between two communities. (iii) for issuance of a consequential writ in the nature of a writ of Mandamus or any other appropriate writ/writs, order/orders or direction/directions restraining the private respondents and be directed to not to disturb the land in question on the ground that the same is described as "Quabristaan" in the Survey Khatiyan. (iv) for issuance of a consequential writ in the nature of a writ of Mandamus or any other appropriate writ/writs, order/orders or direction / directions restraining the respondents from initiation of any construction work over the land in question till the adjudication of application/petition dated 30.05.2024 filed by the petitioner before the learned Circle Officer, Daudnagar Block (Circle), District – Aurangabad. (v) for issuance of any other appropriate writ/writs, order/orders or Patna High Court CWJC No.11952 of 2025(2) dt.28-04-2026 4/4 direction/directions for grant of any other relief/reliefs in favour of the petitioner as it may deemed fit and proper in the facts and circumstances of the case.” 3. Mr. Shakib Ayaz, learned counsel for the petitioner prays for withdrawal of the petition. 4. Accordingly, the writ petition is dismissed as withdrawn. vinayak/- (Rajiv Roy, J) U