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2025 DAILYLAW 4822 (PAT)

Nawal Kishore @ Nawal Kishor v. The State of Bihar

CWJC/15236/2025 · 2026-03-31

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15236 of 2025 ====================================================== 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. Vijay Singh/- (Rajiv Roy, J) U