Patna High Court
Ram Bilash Yadav @ Ram Vilas YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR
Holding
The writ petition is dismissed and the matter is directed to the Bihar Land Tribunal for determination of limitation and other issues.
Summary
The petitioners, four brothers claiming ownership of a disputed parcel of land, filed a writ petition seeking certiorari to quash three orders issued by revenue officials that rejected their mutation applications on the ground of pending title and partition suits. They also asked that an earlier order directing the opening of the Jamabandi in their name be affirmed and sought consequential relief. The High Court observed that a specific statutory remedy exists under the Bihar Land Tribunal for adjudicating such land‑reform and mutation matters. Consequently, the Court held that the writ petition was not the appropriate forum for the relief claimed. The petition was therefore disposed of, with a direction that the Tribunal consider the limitation issue and the merits of the petitioners' grievance.
Issues considered
- Whether the High Court can entertain a writ petition for quashing revenue orders when a statutory remedy before the Bihar Land Tribunal is available
- Whether the orders of the Addl. Collector, Land Reform Deputy Collector and Anchaladhikari are liable to be set aside on the ground of pending title and partition suits
- Whether the limitation period for the mutation appeals can be decided by the High Court or must be determined by the Tribunal
Subjects
- Land reform
- Mutation
- Certiorari
- Limitation
- Bihar Land Tribunal
- Property dispute
- Writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8372 of 2026
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1. Ram Bilash Yadav @ Ram Vilas Yadav Son of the Late Anandi Yadav
Resident of Village- Balaha, P.S.- Bhawanipur (Bihpur), District- Bhagalpur.
2. Mithilesh Yadav, Son of the Late Anandi Yadav Resident of Village- Balaha,
P.S.- Bhawanipur (Bihpur), District- Bhagalpur.
3. Mukesh Yadav, Son of the Late Anandi Yadav Resident of Village- Balaha,
P.S.- Bhawanipur (Bihpur), District- Bhagalpur.
4. Salesh Yadav, Son of the Late Anandi Yadav Resident of Village- Balaha,
P.S.- Bhawanipur (Bihpur), District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Govt. of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
3. The Divisional Commissioner, Bhagalpur.
4. The Collector-Cum-District Magistrate, Bhagalpur.
5. The Addl. Collector, Bhagalpur, District- Bhagalpur.
6. The Land Reform Deputy Collector, Naugachia, District- Bhagalpur.
7. The Anchaladhikari, Narayanpur, District- Bhagalpur.
8. Most. Chhatho Devi, Wife of not known, Resident of Village- Gangapur,
P.S.-Sultanganj, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
Mr.Ranjan Kumar Jha, Advocate
Ms. Isha Mishra, Advocate
For the Respondent/s : Mr.Dhvyati Kumar Prasad, G.P.14
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
ORAL ORDER
2 24-06-2026 Heard Mr. Sharda Nand Mishra, learned counsel for
the petitioners and Mr. Dhvyati Kumar Prasad, leanred G.P.14
for the State.
2. In the instant writ petition, the petitioners has
prayed for the following relief(s):
Patna High Court CWJC No.8372 of 2026(2) dt.24-06-2026
2/3
“(i) For issuance of writ nature of
certiorari for quashing the order dt. 17.03.2026
passed by Addl. Collector, Bhagalpur in Mutation
Revision Case No. 12/2022-23 by which rejected
the revision application on the ground the
regarding disputed land Title Suit No.217/2018 and
Partition Suit No.93/2021 pending before the Court
below.
(ii) For further quashing the order dated
16.12.2021 passed by Land Reform Deputy
Collector, Naugachia in Mutation Appeal
No.41/2018-19 by which Ld. L.R.D.C., Naugachia
has been pleased to reject the appeal on the ground
same very matter he has passed the order dated
18.07.2017 in Mutation Appeal Case No.25/2015-
16.
(iii) For further quashing the order dt.
18.07.2017 passed by L.R.D.C., Naughachia in
Dakhil Kharij Appeal Case no.25/2015-16 by
which set aside the order passed in Dakhil Kharij
no. 112/2014-15 and remanded the matters before
C.O. Narayanpur, in the light of the aforesaid
orders C.O. Narayanpur passed the order dt.
31.05.2018.
(iv) For further pleased to affirm the
order passed by Anchaladhikari, Narayanpur in
Dakhil Kharij No. 112/2014-15 by which directed
to the open Jamabandi in the name of the
petitioner of the disputed land.
(v) For that further give other
consequential benefit to the petitioners.”
3. Looking into the prayer of the petitioners and in view
of the fact that there is a statutory remedy available before the
Bihar Land Tribunal, Patna.
4. The present writ petition is disposed of with a direction
Patna High Court CWJC No.8372 of 2026(2) dt.24-06-2026
3/3
to the Tribunal to consider the issue of limitation taking into
account the present writ petition filed by the petitioners for the
redressal of their grievance.
(Alok Kumar, J)
manish/-
U T
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