Jay Ram Yadav @ Jay Jay Ram Yadav v. The State Of Bihar
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, DistrictBhagalpur. 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, DistrictBhagalpur. 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 MohallaGhoshi 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, DistrictBhagalpur. 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 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