Pradip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17434 of 2025 ====================================================== Pradip Kumar Yadav S/o Bhaggu Yadav, R/o Ishakchak, Lichhi Bagan, Indrapast Colony District- Bhagalpur, State- Bihar, Pin Code- 813203. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, New Secretariat, Patna800001, Bihar. 2.

The District Magistrate, Bhagalpur.

3.

The Circle Officer, Kahalgaon, Bhagalpur.

4.

Vidya Devi, W/o- Late Abadh Kishor Pandey, R/o- Village- Vikramshila Nagar, Kahalgaon, District- Bhagalpur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amitabh Rituraj, Adv.

For Respondent No. 3 :

Mr. Raghvendra Kumar, Adv.

:

Ms. Simran Kumar, Adv.

For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-11-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "I. For quashing and setting aside the order dated 12.07.2023 passed by Respondent No. 3, the Circle Officer, Kahalgaon, in Mutation Case No. 6856 R27/2023-2024/kahalgaon, whereby and whereunder the petitioner's mutation application was rejected arbitrarily and illegally.

II. For the issuance of an appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) direction(s) commanding the Respondent Authority No. 3 to reconsider the petitioner's mutation application afresh in accordance with law, after granting due opportunity of hearing, and to record the petitioner's name in the revenue records with respect to the land described as Khata No. 333, Plot No. 929, Area

Patna High Court CWJC No.17434 of 2025(2) dt.17-11-2025 2/3 21.528 decimals, Mauza-Rampur, Kharhara, District Bhagalpur strictly honour and give effect to the decree passed in Title Suit No. 17 of 1979 (Sri Bijoy Krishna Agarwal & Ors. v. State of Bihar), which has attained finality, while considering the petitioner's claim.

III. For the grant of any other incidental or consequential relief/s to which the petitioner may be found entitled to considering the facts and circumstances of the present case."

2. Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties.

3. Having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing an appeal against the rejection order passed by the Circle Officer, Kahalgaon (i.e. the respondent No. 3 herein) dated 12.07.2023 in Mutation Case No. 6856 R27/2023-2024/kahalgaon. The present writ petition is disposed of granting liberty to the petitioner to approach the Deputy Collector Land Reforms, Bhagalpur within a period of four weeks by way of filing an appeal/ application. On such appeal/ application being filed, the authority shall consider the same duly putting all the parties on notice including the respondent No. 4 herein and pass a reasoned order. The authority shall endeavor to dispose of the appeal/ application made by the petitioner as expeditiously as possible preferably within a period of twelve weeks from the

Patna High Court CWJC No.17434 of 2025(2) dt.17-11-2025 3/3 filing of the appeal/ application. Any orders passed shall be communicated to the parties.

4. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U