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2026 Supreme(Online)(Pat) 4061

PATNA HIGH COURT
Purnendu Singh, J
Jay Ram Yadav @ Jay Jay Ram Yadav – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.880 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Pravashankar Mishra
For the Respondents: AC to Standing Counsel (9)

The court addresses the importance of mediation in resolving land disputes and the necessity for parties to settle before pursuing litigation.

Headnote:This writ petition involves the examination of an order from the Bihar Land Tribunal, which set aside a previous order regarding a mutation case, directing parties to file a partition suit. The court emphasized amicable settlement methods including mediation according to the Mediation Act, 2023. The court ultimately disposed of the application allowing for resolution through civil court procedures, if necessary.

Table of Content
1. examining the jurisdiction and relief sought in a land dispute via writ. (Para 2)
2. the court encourages mediation for dispute resolution and provides procedural guidance. (Para 3)
3. final disposal of the application with directions for potential future proceedings. (Para 4 , 5)

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 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)

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