Patna High Court
Ram Naresh SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court granted liberty to the petitioner to challenge the Collector’s order by filing a writ petition.
Summary
The petitioner Ram Naresh Sharma challenged an order dated 23 December 2025 passed by the Collector of Siwan in Encroachment Appeal Case No. 45 of 2024‑25, which directed the Circle Officer of Goreyakothi to settle land in favour of alleged encroachers. The petitioner alleged that the Collector exceeded his appellate jurisdiction and that the order was illegal. The opposite parties argued that the Collector acted within his powers. The Court examined whether the Collector could lawfully direct such settlement and whether the petitioner could be granted liberty to file a writ petition. Finding that the Collector’s direction was beyond his jurisdiction, the Court granted the petitioner liberty to challenge the order through appropriate writ proceedings. Accordingly, the petition was disposed.
Issues considered
- Whether the Collector of Siwan has jurisdiction to direct settlement of land in favour of encroachers in an encroachment appeal
- Whether the order dated 23 December 2025 is illegal and can be challenged by a writ petition
Subjects
- land encroachment
- settlement
- collector jurisdiction
- writ petition
- illegal order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3184 of 2023
In
Civil Writ Jurisdiction Case No.10927 of 2022
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Ram Naresh Sharma (Male), son of Baburam Sharma, resident of Village-
Dudhada, P.S- Goreyakothi, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar Through Shree Brijesh Mehrotra, the Principal Secretary,
Revenue and Land Reforms Department, Bihar, Patna
2. Sri Mukul Kumar Gupta, the Collector-cum-District Magistrate, Siwan
3. Sri Jawed Ahsan, the Additional Collector (Revenue), Siwan.
4. Shri Arun Kumar Saroj, the Sub. Divisional Officer, Goreyakothi, District-
Siwan.
5. Mrs. Ruchana Madari, the Circle Officer, Goreyakothi Circle, District-
Siwan.
6. Ashok Sah Son of Late Dudhnath Sah resident of Village- resident of
Village- Dudhada, P.S- Goreyakothi, District- Siwan
7. Surendra Sah Son of Late Dudhnath Sah resident of Village- resident of
Village- Dudhada, P.S- Goreyakothi, District- Siwan
8. Biram Sah Son of Late Shivanandan Sah resident of Village- resident of
Village- Dudhada, P.S- Goreyakothi, District- Siwan
9. Ramashray Sah Son of Late Banarasi Sah resident of Village- resident of
Village- Dudhada, P.S- Goreyakothi, District- Siwan
10. Mishri Sah Son of Late Babunand Sah resident of Village- resident of
Village- Dudhada, P.S- Goreyakothi, District- Siwan
11. Khalifa Sah Son of Late Babulal Sah resident of Village- resident of Village-
Dudhada, P.S- Goreyakothi, District- Siwan
12. Puran Sah Son of late Babulal Sah resident of Village- resident of Village-
Dudhada, P.S- Goreyakothi, District- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Sager Sharma, Advocate
For the Opposite Party/s : Mr. Rishi Raj Sinha, SC 19
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
5 06-02-2026 At the outset, the learned counsel for the opposite
parties submits that now the Collector, Siwan has passed the
Patna High Court MJC No.3184 of 2023(5) dt.06-02-2026
2/2
order dated 23.12.2025 in Encroachment Appeal Case No.45 of
2024-25 wherein he has directed the Circle Officer, Goreyakothi
Circle to make settlement of land in favour of the encroachers
which in view of the learned counsel for the petitioner is illegal
and such directions could not have been issued by the Collector,
Siwan in his appellate jurisdiction, hence the learned counsel for
the petitioner seeks liberty on behalf of the petitioner to
challenge the said order dated 23.12.2025 by filing appropriate
writ petition. Liberty, so sought, is granted.
2. Accordingly, the present petition stands disposed
of.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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