Devaki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17622 of 2025 ====================================================== 1.

Devaki Yadav, Son of Late Sarju Ray, R/o Village- Lao, P.S.- Tikari, District- Gaya.

2.

Rambabu, Son of Late Nanhu Yadav, R/o Village- Lao, P.S.- Tikari, DistrictGaya. 3.

Suresh Yadav, S/o- Late Nanhku Yadav, R/o Village- Lao, P.S.- Tikari, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Revenue and Reforms Dept., Govt. of Bihar, Patna.

2.

The District Magistrate, Gaya.

3.

The Senior Superintendent of Police, Gaya.

4.

The Additional Collector, Gaya.

5.

The Circle Officer, Tikari, Gaya.

6.

The S.H.O., Tikari, P.S.- Tikari, Distric- Gaya. 7.

Vimal Yadav, S/o Late Shiv Yadav, R/o Village and P.O.- Lao, P.S.- Tikari, District- Gaya.

8.

Doman Chamar, Son of Musan Chamar, R/o village Salempur, P.S. Tikari, District Gaya.

9.

Anuj Prasad Singh, Son of Late Ragho Singh, R/o Noni, P.S. Tikari, District Gaya.

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

For the Petitioner/s :

Mr. Rajesh Kumar Adv.

For the Respondent/s :

Mr. Subhash Prasad Singh, GA-3 Mr. Indeshwari Prasad Thakur, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioners seeking the following relief(s):

"1. (i) For issuance of mandamus to the respondent no 4 as the petitioner filed appeal case no 85/2022 in

Patna High Court CWJC No.17622 of 2025(2) dt.17-11-2025 2/3 the court of Additional Collector Gaya itself against order passed in mutation case no 82/2014-15 and mutation case no 98 /2014-15 of circle officer Tekari Gaya whereby the CO Tekari in the most fraudulent and illegal manner mutated private lands of these petitioners in favor of respondent no 7 but the aforesaid appeal pending for more than 3 years causing ultimate hardships to the petitioner. (ii) For any other relief/reliefs as your Lordships may deem fit and proper in the fact and circumstances of the case"

2. Mr. Rajesh Kumar learned counsel appearing for the petitioners and Mr. Subhash Prasad Singh, learned counsel appearing for the State-respondents are present and they are heard.

3. The main issue raised by the petitioner in this writ petition is that their appeal No. 85 of 2022 pending before the Additional Collector, Gaya is not being decided for the last three years due to which the respondents are harassing the petitioners.

4. Though, the issue which is under challenge in appeal Case No. 85 of 2022 and raised by the petitioners in this writ petition is premature for consideration by this court under writ jurisdiction, however, petitioners' right for expeditious disposal of his appeal is being violated, so, the Additional Collector, Gaya, is directed to expedite the petitioners' Appeal

Patna High Court CWJC No.17622 of 2025(2) dt.17-11-2025 3/3 Case No. 85 of 2022 and dispose of the same in the next four months from the date of receipt or production of the order's copy.

5. Accordingly, the instant writ petition stands disposed of.

(Shailendra Singh, J) Rajiv/- U