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Patna High Court

Jay Ram Yadav @ Jay Jay Ram YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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