Patna High Court
Jay Ram Yadav @ Jay Jay Ram YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court declined to quash the Tribunal's order and instead directed the parties to pursue mediation and, if necessary, file a partition suit, thereby disposing of the writ petition.
Summary
The petitioners, members of the Yadav family including minors, filed a writ petition seeking to quash parts of the Bihar Land Tribunal's orders dated 20‑06‑2025 that set aside a 13‑12‑2023 mutation revision order and directed the parties to file a partition suit. They also sought mandamus to restrain the respondents from creating any right over the land and from disturbing the petitioners' possession. The High Court noted an earlier order in CWJC No.650 of 2026 that had already imposed a status‑quo between the parties. Relying on Section 89 of the CPC and the Mediation Act, 2023, the Court directed the parties to attempt an amicable settlement through mediation, and if dissatisfied, to approach a competent civil court for a partition suit with a pre‑litigation mediation requirement. Consequently, the writ application was disposed without granting the reliefs sought. The Court also disposed of any interlocutory applications.
Issues considered
- Whether the Bihar Land Tribunal's order can be quashed on the ground of material irregularity.
- Whether a writ of mandamus can be issued to restrain the creation of any right over the disputed land and to prevent disturbance of possession.
- Whether the court can direct the parties to settle the dispute through mediation under Section 89 CPC and the Mediation Act, 2023.
Legislation cited
- Code of Civil Procedure — s. 89
Subjects
- Writ of Certiorari
- Writ of Mandamus
- Bihar Land Tribunal
- Mutation Revision
- Partition Suit
- Mediation
- Section 89 CPC
- Property Dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.880 of 2026
======================================================
1. Jay Ram Yadav @ Jay Jay Ram Yadav Son of Late Sahdeo Yadav Resident
of Mohalla- Ghoshi Tola, Sujapur, Police Station- Nathnagar, District-
Bhagalpur.
2. Varsha Kumari, Minor, Daughter of Late Ramjee Yadav and grand- daughter
of Late Sahdeo Yadav Daughter of Late Ramjee Yadav representing through
their uncle, Legal guardian and next friend Jay Jay Ram Yadav, Resident of
Mohalla- Ghoshi Tola, Sujapur, Police Station- Nathnagar, District-
Bhagalpur.
3. Aditya Kumar, Minor, Son of Late Ramjee Yadav and grandson of Late
Sahdeo Yadav Son of Late Ramjee Yadav representing through their uncle,
Legal guardian and next friend Jay Jay Ram Yadav, Resident of Mohalla-
Ghoshi Tola, Sujapur, Police Station- Nathnagar, District- Bhagalpur.
4. Sanjay Yadav @ Pappu Yadav, Son of Late Sahdeo Yadav Resident of
Mohalla- Ghoshi Tola, Sujapur, Police Station- Nathnagar, District-
Bhagalpur.
5. Mukesh Bharti, Son of Late Sahdeo Yadav Resident of Mohalla- Ghoshi
Tola, Sujapur, Police Station- Nathnagar, District- Bhagalpur.
6. Arvind Yadav, Son of Late Sahdeo Yadav Resident of Mohalla- Ghoshi Tola,
Sujapur, Police Station- Nathnagar, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector, District- Bhagalpur.
3. The Additional Collector, Nath Nagar, District- Bhagalpur.
4. The Deputy Collector Land Reforms, Nath Nagar, District- Bhagalpur.
5. The Circle Officer, Nath Nagar, District- Bhagalpur.
6. The Revenue Officer, Nath Nagar, District- Bhagalpur.
7. Ram Vilash Yadav, Son of Late Nanku Yadav Resident of Mohalla -Ghoshi
Tola, Sujapur, Police Station- Nathnagar, District- Bhagalpur.
8. Laddu Yadav, Son of Late Nanku Yadav Resident of Mohalla -Ghoshi Tola,
Sujapur, Police Station- Nathnagar, District- Bhagalpur.
9. Ram Swaroop Yadav, Son of Late Nanku Yadav Resident of Mohalla
-Ghoshi Tola, Sujapur, Police Station- Nathnagar, District- Bhagalpur.
10. Indu Devi, Wife of Late Shital Yadav Resident of Mohalla -Ghoshi Tola,
Sujapur, Police Station- Nathnagar, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravashankar Mishra, Advocate
For the Respondent/s : AC to Standing Counsel (9)
======================================================
Patna High Court CWJC No.880 of 2026(2) dt.27-01-2026
2/3
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard Mr. Pravashankar Mishra, learned counsel
appearing on behalf of the petitioners and learned AC to
Standing Counsel (9) for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought inter alia the following relief(s), which
is reproduced hereinafter:-
“1. That through the present writ
application, the petitioners seeks following
reliefs:-
i) To issue a Writ in nature of
Certiorari for quashing the part of the order
dated 20.06.2025 passed in BLT Case no. 116 of
2024 along with BLT Case no.129 of 2024 by
Bihar Land Tribunal to the extent the learned
Tribunal has set aside the order dated
13.12.2023, passed by learned Additional
Collector Bhagalpur, in Mutation Revision Case
No. 84/2023-24 on incorrect fact, thereby
committing material irregularity whereas, while
setting aside the order dated 13.12.2023, the
learned Tribunal has directed both the parties to
file proper Partition Suit in the Court of
competent jurisdiction in order to settle the
matter once of all.
ii) Consequent upon quashing of the
part of the order dated 20.06.2025 passed in BLT
Case no. 116 of 2024 along with BLT Case
no.129 of 2024 by Bihar Land Tribunal to the
extent the learned Tribunal has set aside the
order dated 13.12.2023, Issuance of Writ in
nature of Mandamus directing upon the
respondent not to create any right over the land
which is still mutated in the name of petitioners.
iii) To issue a Writ in nature of
Mandamus directing upon the respondent not to
disturb the peaceful possession of the petitioners
over the land in question.
iv) To any other relief or reliefs to
which the petitioners are entitled in the facts and
circumstances of the case.”
3. Having perused the records, as well as, having
Patna High Court CWJC No.880 of 2026(2) dt.27-01-2026
3/3
perused the order dated 20.01.2026 passed in CWJC No.650 of
2026 (Lakshmi Prasad Yadav & Ors. Vs. the State of Bihar &
Ors.) in which this Court has already directed to maintain the
status quo between the parties, I find it proper to direct the
parties to first proceed to settle their dispute amicably outside
the court, in accordance with the provision of Section 89 of the
CPC to give effect to the Mediation Act, 2023 and the
Mediation for the Nation 2.0 or in alternative, if they are so
aggrieved in respect of their title over the property, they may
approach the competent Civil Court by filing a proper partition
suit and in that circumstances the competent Civil Court, having
jurisdiction, must first proceed to grant opportunity to the
parties to go for a pre-litigation mediation.
4. Accordingly, the present application stands
disposed of with the aforesaid liberty.
5. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.