Patna High Court
Nawal Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Collector exceeded his jurisdiction, and the petitioner was granted liberty to file a writ petition challenging the order.
Summary
The petitioner, Nawal Kishore Singh, sought liberty to challenge an order dated 08‑12‑2025 passed by the Collector, Nawada in Appeal Case No.1002 of 2024‑25, alleging that the Collector had exceeded his jurisdiction in encroachment proceedings. The opposite parties contended that the encroachment proceedings had been lawfully concluded and the Collector’s order was final. The Court examined whether the Collector had acted beyond his statutory powers and whether the petitioner could be permitted to file a writ petition against that order. Finding merit in the petitioner's claim of jurisdictional excess, the Court granted the petitioner liberty to approach the appropriate forum for a writ petition. Consequently, the petition was disposed of after granting the requested liberty. The order was pronounced by Justice Mohit Kumar Shah of the Patna High Court on 06‑02‑2026.
Issues considered
- Did the Collector, Nawada exceed his jurisdiction in passing the order dated 08‑12‑2025?
- Is the petitioner entitled to liberty to file a writ petition challenging the Collector’s order?
Subjects
- civil writ jurisdiction
- encroachment proceedings
- collector jurisdiction
- liberty to file petition
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3636 of 2023
In
Civil Writ Jurisdiction Case No.8172 of 2021
======================================================
Nawal Kishore Singh (Male), son of Late Dani Singh, Resident of Village-
Bajitpur, Police Station - Pakribarawan, District Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Reforms Department,
Government of Bihar, Patna namely Sri Jai Singh.
2. The District Magistrate, Nawada namely Ashutosh Kumar.
3. The Sub Divisional Officer, Nawada namely Sri Akhilesh Kumar.
4. The Circle Officer, Pakribarawan, district Nawada namely Sri Gopal
Paswan.
5. Jai Prakash Singh, son of Late Mishri Singh, Resident of Village-Bajitpur,
P.S.-Pakribarawan, District Nawada.
6. Sushil Singh, son of Mishri Singh, Resident of Village-Bajitpur, P.S.-
Pakribarawan, District Nawada.
7. Satyendra Singh, son of Mishri Singh, Resident of Village-Bajitpur, P.S.-
Pakribarawan, District Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate
For the Opposite Party/s : Standing Counsel 19
Mr. Binay Kumar, Advocate
======================================================
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 the encroachment proceedings have
culminated into passing of the final order dated 08.12.2025 by
the appellate authority i.e. the Collector, Nawada in Appeal Case
No.1002 of 2024-25, however the learned counsel for the
petitioner submits that the Collector, Nawada has exceeded his
jurisdiction, hence the petitioner be granted liberty to challenge
Patna High Court MJC No.3636 of 2023(5) dt.06-02-2026
2/2
the said order dated 08.12.2025 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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