Subhas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1771 of 2025 ====================================================== Subhas Yadav Son of Late Kailash Yadav Resident of Village-Narayanpur, P.S.-Bihpur, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Lands Reform and Revenue Department, Government of Bihar, Patna. 2.

The District Magistrate, Madhepura, 3.

The Additional Deputy Collector Cum-Additional District- Magistrate, Madhepura.

4.

The Land Reforms Deputy Collector, Udakishunganj, 5.

The Circle Officer, Alamnagar, Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Respondent/s :

Mr.Standing Counsel (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present Writ Petition has been filed for quashing order dated 27.09.2024 passed in Jamabandi Cancellation Case No. 84/2023-24 passed by respondent No.3, namely, the Additional Collector-cum-Additional District Magistrate, Madhepura whereby and whereunder the new Jamabandi created in favour of the petitioner has been cancelled.

3. Learned counsel for the petitioner submits that the said order has been passed ex parte without granting

Patna High Court CWJC No.1771 of 2025(2) dt.10-02-2025 2/2 opportunity to the petitioner.

4. Learned counsel for the State submits that the petitioner has statutory remedy of appeal before the District Magistrate, under the Bihar Mutation Act, 2011 against the order under challenge.

5. In this background, the Writ Petition stands disposed off granting liberty to the petitioner to avail remedy before the District Magistrate, Madhepura, in accordance with the provisions of Bihar Land Mutation Act, 2011 within 30 days from today. It is made clear that the delay, if any, in filing the appeal shall be condoned.

6. However, the petitioner would be at liberty to pray for stay before the appellate authority. Till the first hearing before the appellate authority, status quo, as of today shall be maintained.

(Dr. Anshuman, J) Ashwini/- U