Patna High Court
Nawal Kishore @ Nawal KishorversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, granting the petitioners liberty to approach the appropriate authority for further relief.
Summary
Petitioners Nawal Kishore and Hasan Raja challenged a series of orders relating to a land dispute in Arwal, Bihar, seeking quashing of a Commissioner’s order, mandamus directing the Circle Officer to measure a plot, and relief against alleged violations of Articles 14 and 21. They argued that the Deputy Collector’s fresh order closing the case and directing the matter to a civil court was arbitrary and denied them a fair hearing. The Court examined whether the administrative orders were legally valid and whether the petitioners could be compelled to approach the appropriate authority for further relief. It held that the petitioners were free to pursue the matter before the competent authority and that the writ petition itself would not be entertained further. Accordingly, the Court disposed of the writ petition, granting liberty to the petitioners to take steps as per law.
Issues considered
- Whether the order dated 27.06.2025 passed by the Commissioner can be quashed.
- Whether a mandamus directing the Circle Officer to measure Plot No. 1634 is warranted.
- Whether the actions of the respondents violate constitutional rights under Articles 14 and 21.
- Whether the petitioner must approach the appropriate civil court for resolution of the disputed facts.
Subjects
- Land Reform
- Writ Petition
- Mandamus
- Quashing Order
- Articles 14 and 21
- Measurement of Plot
- Civil Court Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15236 of 2025
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1. Nawal Kishore @ Nawal Kishor S/o Shri Shivraj Sharma, R/o Village and
Post-Bhadasi, P.S.-Arwal, District-Arwal, Bihar.
2. Hasan Raja, S/o Abul Kalam, R/o Village and Post-Bhadasi, P.S.-Arwal,
District-Arwal, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue, Government of Bihar,
Patna, Patna.
3. The Commissioner, Magadh Commissionerate, Gaya Ji, Bihar.
4. The District Magistrate, Arwal, Bihar.
5. The Deputy Collector Land Reforms, Arwal.
6. The Circle Officer, Arwal.
7. The Executive Officer, Zila Parishad, Arwal.
8. Md. Gufran Ahmad, S/o Md. Sirajuddin, R/o Arwal Sipah, P.O., P.S. and
District-Arwal, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Deepika Sharma, Adv.
Mr. Rajat Kumar Tiwary, Adv.
Ms. Ritambhara Kumari, Adv.
For the Respondent/s : Mr. Md. Nadim Seraj, GP-5
Mr. Shahbaj Alam, AC to GP-5
For Resp. No. 8 : Mr. Ganpati Trivedi, Sr. Adv.
Mr. Madan Mohan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 31-03-2026 Heard Ms. Deepika Sharma, learned counsel for the
petitioner duly assisted by Ms. Ritambhara Kumari, Mr. Madan
Mohan for the respondent no. 8 as also learned counsel
representing the State.
2. The present application has been preferred for the
following relief(s):
Patna High Court CWJC No.15236 of 2025(4) dt.31-03-2026
2/3
(i) For issuance of appropriate
writ/writs, order/orders, direction/directions in
the nature of quashing the impugned order
dated 27.06.2025 passed by the Learned
Commissioner, Magadh Commissionerate,
Gaya Ji in Appeal No. 104/2024; (Annexure-
P/8; Pg. 58)
ii. For issuance of appropriate
writ/writs, order/orders, direction/directions in
the nature of mandamus, commanding the
Respondents, particularly the Circle Officer,
Arwal to forthwith comply with the said order
of the Learned LRDC, Arwal and ensure
measurement of Plot No. 1634, Khata No. 281,
Mauza Bhadasi, District Arwal, in accordance
with law.
(iii) To uphold and restore the well-
reasoned order dated 19.07.2024 passed by
the Learned Land Reforms Deputy Collector,
Arwal in favour of the Petitioner.
iv. To hold and declare that the
action of the Respondents in not issuing notice
of hearing, in not disclosing adverse material
(if any), in passing orders behind the back of
the Petitioner, and in withholding
communication of orders for years together is
illegal, arbitrary, mala fide, and in violation of
the Petitioner's constitutional rights under
Articles 14 and 21 of the Constitution of India.
V. For any other relief/reliefs to
which the Petitioner may be found entitled to
Patna High Court CWJC No.15236 of 2025(4) dt.31-03-2026
3/3
by this Hon'ble Court.
3. Learned counsel for the petitioner, at the outset
submits that pursuant to the order dated 27.06.2025 passed by the
Divisional Commissioner, Magadh Division, Gaya Ji in Land
Dispute Resolution Appeal Case No. 104 of 2024 (Md. Gufran
Ahmed vs. Nawal Kishore & Hasan Raza), the Deputy Collector
Land Reforms, Arwal has passed a fresh order in BLDR Case No.
118/2023-24 (Nawal Kishore & Hasan Raza vs. Md. Gufran
Ahmed) wherein the proceeding has been closed recording that
disputed question of facts have to be settled through a competent
Civil Court.
4. The submission is that the petitioner shall be taking
appropriate steps in accordance with law against the said order
passed by the Deputy Collector Land Reforms, Arwal.
5. Granting said liberty, the writ petition is disposed of.
6. Needless to add, if any petition is preferred before an
appropriate authority, it will be taken to its logical conclusion at an
earliest after hearing all the parties.
(Rajiv Roy, J)
Vijay Singh/-
U
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