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

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Patna HC
2025
Ajay Yadav and Anr. Vs The State Of Bihar and Ors.Ajay Yadav and Anr. v. The State Of Bihar and Ors.

Dismissed¶32

Ajay Yadav and Anr. v. The State Of Bihar and Ors.

Patna HC5 Aug 2025CWJC/18087/2016

Case brief

AI extract

What is this about?

Bihar consolidation writ petition dismissed on withdrawal: petitioners Ajay Yadav and Gopal Yadav versus the State of Bihar, Joint Director/Assistant Director, Consolidation (Magadh Division, Gaya), Consolidation Officer Amas, and private respondents Jag Narayan Prajapat, Jhaksu Prajapat and Shanti Devi. Petition sought certiorari against the Assistant Director, Consolidation's order dated 10-04-2000 in case No. 95/99-86/92 concerning Thana No. 294, Chak Plot No. 708 (1 decimal), mauza Nawadih, P.S. Amas, District Gaya, and sought inclusion of petitioners' names in the Chak Khata/Chak Plot Register per pre-consolidation-scheme Records of Rights. Counsel (Md. Javed Jafar Khan for petitioners; Subhash Chandra Yadav- Gp15 for respondents) appeared; counsel prayed withdrawal and Justice Rajiv Roy dismissed the petition on 05-08-2025 without deciding the merits. Keywords: certiorari, khata, chak register, land register, consolidation scheme, Records of Rights, withdrawal, Gaya, Magadh Division, CWJC 18087/2016.

What did the court decide?

Upon learned counsel for the petitioners praying for withdrawal of the petition, the writ petition was dismissed; no adjudication was made by this Court on the merits of the consolidation issues sought to be raised. ¶32

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a writ of certiorari should issue quashing the order dated 10-04-2000 passed by respondent No. 03 (Assistant Director, Consolidation, Magadh Division, Gaya) in case No. 95/99-86/92, which allowed the case in favour of private respondent Nos. 6 and 7 directing correction of the Land Register and Chak Register and opening of a khata for Thana No. 294, Chak Plot No. 708 (area 1 decimal), mauza Nawadih, P.S. Amas, District Gaya. +1 more

Ratio / Principle

Upon learned counsel for the petitioners praying for withdrawal of the petition, the writ petition was dismissed; no adjudication was made by this Court on the merits of the consolidation issues sought to be raised.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), oral order dated 05-08-2025 in Civil Writ Jurisdiction Case No.18087 of 2016: Ajay Yadav and Gopal Yadav (sons of Late Rajdeo Yadav, village Nawadih, P.O. Tilaiya, P.S. Banke Bazar, District Gaya) had sought (i) certiorari to quash the order dated 10-04-2000 passed by respondent No. 03 (The Assistant Director, Consilidation, Magadh Division, Gaya) in case No. 95/99-86/92, whereby the case was allowed in favour of private respondent Nos. 6 and 7 with directions to correct the Land Register and Chak Register and open a khata in their name for Thana No. 294, Chak Plot No. 708, area 1 decimal, mauza Nawadih, P.S. Amas, District Gaya, after deleting the name of private respondent No. 7; and (ii) directions to respondent No. 2 (Joint Director, Consolidation) to include the petitioners in the Chak Khata, Chak Plot and Register, their names allegedly appearing in the Records of Rights prior to confirmation of the consolidation scheme. Before any adjudication, learned counsel for the petitioners prayed for withdrawal of the petition, and the writ petition was dismissed. No statute and no precedent is cited in the judgment; no amount or cost is mentioned.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18087 of 2016

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

Ajay Yadav

Gopal Yadav Both Sons of Late Rajdeo Yadav Both resident of VillageNawadih, P.O.-Tilaiya, P.S.-Banke Bazar, District-Gaya

... ... Petitioner/s

Versus

The State Of Bihar

The Joint Director, Consolidation, Magadh Division, Gaya

The Assistant Director, Consilidation, Magadh Division, Gaya

The Consolidation Officer,Amas , Gaya

Jag Narayan Prajapat S/o Keshar Prajapat

Jhaksu Prajapat S/o Lal Dhari Prajapat Both resident of Village-Nawadih, P.O.-Tilaiya, P.S.-Banke Bazar, District-Gaya

Shanti Devi W/o Rajeshwar Singh Resident of Village-Shyam Nagar, Neema, P.S.-Amas, District-Gaya

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Md. Javed Jafar Khan, Advocate For the Respondent/s : Mr.Subhash Chandra Yadav- Gp15

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

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 05-08-2025 Heard the parties.

The present petition has been preferred for the

following relief/s:

(i) for issuance of an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the order dated 10-04-2000 passed by the respondent No. 03 in case No. 95/99-86/92 whereby and where under he has allowed the

Patna High Court CWJC No.18087 of 2016(2) dt.05-08-2025 2/3

case in favour of private respondent No. 6 and 7 directing to make correction in Land Register as well as Chak Register and open the Khata in the name of Private respondent No. 6 and 7 with regard to Thana No. 294, Chak Plot No. 708 Area 1- decimal situated in mauza, Nawadih, P.S. Amas District-Gaya after deleting the name of private respondent No. 7;

(ii) further the respondent No. 2 may also be directed to include the name of petitioners in Chak Khata include the name of petitioners in Chak Khata Plot and Register as such their name appear in the Records of Rights prior to confirmation of consolidation scheme and are in peaceful possession over the land in question;

(iii) any other relief/s to which they are entitled in the facts and circumstances of the case. petitioners seek indulgence of this Hon'ble court to grant them any other relief/s to which they are entitled in the facts

Patna High Court CWJC No.18087 of 2016(2) dt.05-08-2025 3/3

and circumstances of the case.

Learned counsel for the petitioners prays for

withdrawal of the petition. .

Accordingly, the writ petition is dismissed.

(Rajiv Roy, J)

Ravi/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a writ of certiorari should issue quashing the order dated 10-04-2000 passed by respondent No. 03 (Assistant Director, Consolidation, Magadh Division, Gaya) in case No. 95/99-86/92, which allowed the case in favour of private respondent Nos. 6 and 7 directing correction of the Land Register and Chak Register and opening of a khata for Thana No. 294, Chak Plot No. 708 (area 1 decimal), mauza Nawadih, P.S. Amas, District Gaya.¶23
2.
Whether respondent No. 2 (Joint Director, Consolidation) should be directed to include the petitioners in the Chak Khata, Chak Plot and Register, on the footing that their names appear in the Records of Rights prior to confirmation of the consolidation scheme and they are in peaceful possession over the land in question.¶26

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 10-04-2000 passed by respondent No. 03 (The Assistant Director, Consilidation, Magadh Division, Gaya) in case No. 95/99-86/92, whereby he allowed the case in favour of private respondent Nos. 6 and 7, directing correction in the Land Register as well as Chak Register and opening of the Khata in their name with regard to Thana No. 294, Chak Plot No. 708, Area 1 decimal, situated in mauza Nawadih, P.S. Amas, District Gaya, after deleting the name of private respondent No. 7.¶23
The Assistant Director, Consilidation, Magadh Division, Gaya (Respondent No. 03) · 10-04-2000
Prior proceeding
Filing of the present writ petition as Civil Writ Jurisdiction Case No.18087 of 2016 before the High Court of Judicature at Patna.¶1
Prior proceeding
Underlying consolidation proceedings in case No. 95/99-86/92, in which respondent No. 03 allowed the case on 10-04-2000 in favour of private respondent Nos. 6 and 7.¶23

Parties & counsel

AI extract

petitioner
Ajay Yadav¶3
Md. Javed Jafar Khan
petitioner
Gopal Yadav¶4
respondent
The State Of Bihar¶7
Subhash Chandra Yadav- Gp15
respondent
The Joint Director, Consolidation, Magadh Division, Gaya¶8
respondent
The Assistant Director, Consilidation, Magadh Division, Gaya¶9
respondent
The Consolidation Officer, Amas, Gaya¶10
respondent
Jag Narayan Prajapat S/o Keshar Prajapat¶11
respondent
Jhaksu Prajapat S/o Lal Dhari Prajapat¶12
respondent
Shanti Devi W/o Rajeshwar Singh¶13

Coram

AI extract

Rajiv Royauthor¶19

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 5 Aug 2025 · August
Registered: 28 Oct 2016
Case no.: CWJC/18087/2016
CNR: BRHC010104002016
Bench: Rajiv Roy
Disposal: WITHDRAWN
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Ajay Yadav and Anr. v. The State Of Bihar and Ors., CWJC/18087/2016 (PAT), decided on 5 August 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Order dated 10-04-2000 passed by respondent No. 03 (The Assistant Director, Consilidation, Magadh Division, Gaya) in case No. 95/99-86/92, whereby he allowed the case in favour of private respondent Nos. 6 and 7, directing correction in the Land Register as well as Chak Register and opening of the Khata in their name with regard to Thana No. 294, Chak Plot No. 708, Area 1 decimal, situated in mauza Nawadih, P.S. Amas, District Gaya, after deleting the name of private respondent No. 7.The Assistant Director, Consilidation, Magadh Division, Gaya (Respondent No. 03) · 10-04-2000
Filing of the present writ petition as Civil Writ Jurisdiction Case No.18087 of 2016 before the High Court of Judicature at Patna.
Underlying consolidation proceedings in case No. 95/99-86/92, in which respondent No. 03 allowed the case on 10-04-2000 in favour of private respondent Nos. 6 and 7.

View full history

Bench / Coram

Rajiv Roy

Parties & counsel