Vinod Yadav Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Vinod Yadav Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to seek an alternate remedy for the redressal of the grievance; if such petition is preferred within four weeks, the concerned authority to take into account the long pendency of the matter before this Court while taking up the limitation petition and to take the matter to its logical conclusion at the earliest.

Issue for consideration

Whether the order dated 01.06.2016 passed by Respondent No. 2 (Commissioner, Darbhanga Division) in Land Ceiling Revision Case No. 19 of 2015, refusing to review his order dated 01.12.2015 accepting the requisites for filing notices to respondent Nos. 5 and 6, should be set aside, and/or Respondent No. 2 be directed to accept those requisites and hear Revision Case No. 19/2015 on merits.

Ratio / Principle

After some argument, upon learned counsel for the petitioner submitting that he will seek an alternate remedy for the redressal of the grievance, the Court granted that liberty and the writ petition stands disposed of.

Key takeaways

If such alternate petition is preferred within four weeks, the concerned authority shall take into account that the matter was pending before this Court for long while taking up the limitation petition, and shall take the matter to its logical conclusion at the earliest.obiter¶25

Detailed headnote1 paragraphs

Patna High Court, CWJC No.14786 of 2016 (Rajiv Roy, J.), oral order dated 29-07-2025. The writ petition by Vinod Yadav challenged the order dated 01.06.2016 passed by Respondent No. 2, the Commissioner, Darbhanga Division, in Land Ceiling Revision Case No. 19 of 2015, whereby the Commissioner refused to review his own order dated 01.12.2015 accepting the requisites for filing notices to private respondent Nos. 5 and 6 (Umakant Yadav and Phulkant Yadav); relief sought included setting aside that order and directing acceptance of the requisites and hearing of Revision Case No. 19/2015 on merits. After argument, learned counsel for the petitioner elected to pursue an alternate remedy; granting that liberty, the writ petition stands disposed of. The Court further directed that if such petition is preferred within four weeks, the concerned authority shall take into account the long pendency of the matter before this Court while taking up the limitation petition and carry it to its logical conclusion at the earliest.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14786 of 2016

======================================================

Vinod Yadav son of Sri Rajendra Yadav Resident of Village-Permanandpur, Police Station- Kusheshwar Asthan, District-Darbhanga

... ... Petitioner/s

Versus

The State Of Bihar and Ors

That Commissioner, Darbhanga Division, Darbhanga

The Additional Collector, Darbhanga

The Land Reforms Deputy Collector, Biraul, Darbhanga

Umakant Yadav son of Late Mahendra Yadav

Phulkant Yadav son of late Mahendra Yadav respondent No. 5 and 6 are resident of Village- Permanandpur, Police Station-Kusheshwar Asthan and District-Darbhanga

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Respondent/s : Mr. Subhash Chandra Yadav- Gp15 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 29-07-2025 Heard the parties.

The present writ petition has been preferred for the

following relief(s):

for issuance of appropriate writ/writs, direction or directions for setting aside the order dated 01.06.2016 passed by the Respondent No. 2 in Land Ceiling Revision Case No. 19 of 2015 whereby and where under he has refused to review of his order dated 01.12.2015 to accept the requisites for filing notices to respondent No. 5 and 6 and or appropriate writ or writs directing the Respondent No. 2 to accept the

Patna High Court CWJC No.14786 of 2016(2) dt.29-07-2025 2/2

requisites for filing notices to private respondents and to hear the Revision Case No. 19/2015 on issuance of any other writ or merits and/or writs under the facts and circumstances of the case.

After some argument, learned counsel for the petitioner submits that he will seek alternate remedy for the redressal of the grievance.

Granting said liberty, the writ petition stands disposed of.

If such petition is preferred in four weeks, the concerned authority shall take into account the fact that the matter was pending before this Court for long while taking up the limitation petition and shall take the matter to its logical conclusion at an earliest.

(Rajiv Roy, J)

Vijay Singh/-

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