Patna High Court
Ram Naresh PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the orders rejecting the petitioners' raiyati claim and proceeding with title verification were unsustainable and quashed them, entitling the petitioners to seek Jamabandi and compensation.
Summary
The petitioners, a group of descendants claiming raiyati rights over a one‑acre‑plus plot in Barun, Aurangabad, challenged a series of orders that rejected their claim for compensation and initiated title verification proceedings. They alleged that the Deputy Collector, the LRDC and Sub‑Divisional Officer, and later the Additional Collector and Collector, had acted without complying with the Bihar Land Mutation Act, 2011 and the Bihar Tenancy Act, 1885. The petitioners filed an interlocutory application to amend their relief and sought quashing of the orders. The Court examined the land’s settlement history, continuous possession, rent receipts, and the procedural deficiencies in the authorities’ actions. It held that the orders dated 14‑01‑2021, 05/06‑02‑2021 and 07‑01‑2022 were not sustainable in law and therefore quashed them. The Court directed that the petitioners may now apply for creation of their Jamabandi and claim the compensation due for the acquired land.
Issues considered
- Whether the orders passed by the Deputy Collector, LRDC, Sub‑Divisional Officer, Additional Collector and Collector were in violation of the Bihar Land Mutation Act, 2011 and the Bihar Tenancy Act, 1885.
- Whether the petitioners are entitled to compensation for the acquisition of their raiyati land.
- Whether the petitioners can seek creation of a Jamabandi for the disputed plot.
Legislation cited
Subjects
- land acquisition
- raiyati rights
- compensation
- title verification
- Jamabandi
- Bihar Land Mutation Act
- Bihar Tenancy Act
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11588 of 2021
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1. Ram Naresh Pandey Son of Late Ram Murat Pandey Resident of Village-
Barun Dih, P.S.- Barun, District- Aurangabad.
2. Binod Pandey Son of Late Sampat Pandey Resident of Village- Barun Dih,
P.S.- Barun, District- Aurangabad.
3. Santosh Pandey Son of Late Sampat Pandey Resident of Village- Barun Dih,
P.S.- Barun, District- Aurangabad.
4. Ram Kumar Pandey Son of Late Raghu Nandan Pandey Resident of Village-
Barun Dih, P.S.- Barun, District- Aurangabad.
5. Awadhesh Pandey Son of Late Narayan Pandey Resident of Village- Barun
Dih, P.S.- Barun, District- Aurangabad.
6. Vinketesh Pandey Son of Late Narayan Pandey Resident of Village- Barun
Dih, P.S.- Barun, District- Aurangabad.
7. Kamal Kishor Pandey Son of Late Narayan Pandey Resident of Village-
Barun Dih, P.S.- Barun, District- Aurangabad.
8. Kaushal Kishore Pandey Son of Late Narayan Pandey Resident of Village-
Barun Dih, P.S.- Barun, District- Aurangabad.
9. Anita Devi Wife of Sri Santosh Pandey Resident of Village- Barun Dih, P.S.-
Barun, District- Aurangabad.
10. Shiv Kumari Kuer @ Shiv Kumari Devi Widow of Late Rajendra Pandey
Resident of Village- Barun Dih, P.S.- Barun, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The District Magistrate, Aurangabad.
4. Competent Authority cum Deputy Collector, Land Reforms, Aurangabad.
5. The Anchal Adhikari, Barun Anchal, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganpati Trivedi, Sr. Advocate
Mr. Brij Bihari Tiwary, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, ( SC25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 13-01-2026
Heard Mr. Ganpati Trivedi, learned Senior Counsel
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along with Mr. Brij Bihari Tiwary, learned counsel appearing
on behalf of the petitioners and Mr. Sajid Salim Khan, learned
SC 25 for the State.
Re.: I.A. No. 01 of 2022
2. Learned counsel appearing on behalf of the
petitioners by filing the present interlocutory application seeks
amendment in Para-1 of the writ petition by adding additional
relief as stated in Para-1 of the present interlocutory application.
3. Having considered the information contained in the
interlocutory application and the grounds mentioned therein and
the affidavit, I find that there are sufficient reason to allow the
amendment of the prayer as prayed in Para-1 of the writ petition
by adding additional relief as stated in Para-1 of the
interlocutory application.
4. I.A. No. 01 of 2022 is allowed.
CWJC No.11588 of 2021:
5. 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 this application is for issuance of an
appropriate writ, order or direction quashing the order dated
14.01.2021 passed by the Deputy Collector Land Reforms,
Aurangabad whereby the learned Deputy Collector Land
Reforms rejected the application filed by the petitioners for
payment of compensation for acquisition of their Raiyati land
and further directed the Anchal Adhikari, Barun for initiating for
verification of the petitioner's Raiyati interest over the lands in
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question which had been acquired long back and accepted by the
State Government and for quashing all the title verification Case
No 1 to 8 of 2020-21 initiated by Anchal Adhikari Barun in
pursuance of the said order.”
6. Thereafter the petitioners filed I.A. No.1 of 2022
for modification of the prayer made in the writ application, inter
alia, seeking following relief(s):
“(i) In the nature of certiorari for
setting aside the order dated 05/06.02.2021
passed jointly by learned L.R.D.C and sub
Divisional officer, Aurangabad in title
verification case No. 1 to 10 / 2020-2021
whereby and where under the Raiyati claim of
the petitioners have been recommended to be
rejected based on the report of circle officer
Barun and forwarded the same to the Add.
Collector, Aurangabad.
(ii) In the nature of certiorari also
to setting aside the order dated 07.01.2022
passed in the title verification case No. 1 to
10/2020-2021 by the Add. Collector and
Collector, Aurangabad whereby the order of
learned L.R.D.C & S.D.O, Aurangabad dated
05/6. 02. 2021 passed in afore mentioned case
has been confirmed.”
7. Brief fact of the case is that the land in dispute
forms part of land situated at Mouza Barun, P.S. and District—
earlier Gaya and presently Aurangabad—being Khata No. 171,
Khesra No. 1017, measuring 1 acre and 75 decimals, and the
petitioners are descendants of their common ancestor Late Mod
Narayan Pandey, whose son Ram Subhag Pandey, by a
registered Kabuliyat dated 13th Asharh 1344 Fasli (06.07.1937),
obtained settlement of 27.33 acres of land from the ex-landlord
of KVNDA Estate on payment of nazarana, thereby creating
bhowli raiyati rights, the disputed land being part of the said
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settlement; pursuant thereto Ram Subhag Pandey came in
cultivating possession and paid rent to the ex-landlord, and after
vesting of the Zamindari the outgoing landlord submitted
returns acknowledging him as a settled raiyat; thereafter, upon
amicable partition among the heirs of Ram Subhag Pandey, the
disputed plot along with other lands fell to their respective
shares, over which the petitioners and their predecessors have
remained in continuous cultivating possession and have also
constructed residential and commercial structures, and post-
vesting the State of Bihar recognized them as tenants by
entering their names in Register-II, creating Jamabandi and
issuing rent receipts in their favour.
8. Mr. Ganpati Trivedi, learned Senior Counsel
appearing on behalf of the petitioners informed this Court that in
Mauza Barun, District- Aurangabad in respect of Khata No.171,
which is already recorded in CS Khatiyan as Gair Majarua
Malik land, several plots have been acquired for strengthening
and widening of NH-2, connecting Aurangabad to Varanasi.
Petitioners are also holders of some of the plots appertaining to
Khata No.171, as described in detail in the present writ petition.
In respect of the same plot, appertaining to khata No.171, one
of the aggrieved persons had earlier approached this Court by
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filing CWJC No.14096 of 2023. After considering the fact that
the petitioner of the said writ petition has been paying rent
continuously and are in possession of the said land, a Co-
ordinate Bench of this Court in the aforesaid writ petition has
set-aside the order passed by the concerned authority in respect
of title verification case with a liberty to the State to file suit, if
the State wants to challenge the settlement in favour of
predecessor of the concerned settlee.
9. In the present case, learned Senior counsel
informs that the petitioners are aggrieved by the series of orders
passed by the District Magistrate cum Collector, Aurangabad
and Additional Collector cum Additional District Magistrate,
Aurangabad as contained in Annexure-17 series, all are dated
07.01.2022 on the ground that the District Magistrate cum
Collector concerned was required to follow the prescribed
procedure under the Bihar Land Mutation Act, 2011 (hereinafter
referred to as the “Act, 2011”) for cancellation of Jamabandi
and without adhering to the provisions of the Act, 2011, they
rejected the raiyati claim of the petitioners without asserting the
facts as provided in Resolution No. 925 dated 11.11.2014, as
contained in Annexure-4. The condition stipulated in clause 3(ii)
(kha) of Resolution No.925 is re-produced hereinafter ;
“(ख) यदद भूतपूरर मधयरतर र दारा सादा हुकुमनामा तथा दरटनर मे रै यत
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का नाम ददया गया है , हुकुमनामा 01.01.1946 के पूरर का है और सरकारर
लगान रसरद जमरंदारर उनमूलन के ररर से कट रहर है तो यह भूदम
रै यत/उनके उतरादधकारर कर रै यतर मानर जाएगर।"
10. The authorities concerned have proceeded to
pass order without examining the evidences placed on record by
the petitioners that they have been continuously paying rent as
fixed by the Government which shows that the petitioners are in
possession of their portion of land till date.
11. Having considered the submissions made on
behalf of the petitioners and having perused the records of the
case, I find that the present is one case, where there is not only
abrasion on the part of the authorities concerned but at the same
time, the District Magistrate concerned has totally failed to
abide by the provision as prescribed in the Act, 2011 as well as,
the conditions stipulated under the Bihar Tenancy Act, 1885. I
find that the order dated 14.01.2021 passed by the Deputy
Collector Land Reforms, Aurangabad (Annexure 9 to the writ
petition) and subsequent order dated 05/06.02.2021 passed
jointly by learned L.R.D.C and sub Divisional officer,
Aurangabad in title verification case No. 1 to 10 / 2020-2021
and order dated 07.01.2022 passed in the title verification case
No. 1 to 10/2020-2021 by the Additional Collector and
Collector, Aurangabad in case of the petitioners are not
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sustainable in the eye of law and same are hereby quashed and
set-aside.
12. The petitioners at the same time may file
application before the appropriate authority for creation of their
Jamabandi in view of the admitted fact that Jamabandi has not
been cancelled till date in accordance with law and as such, the
petitioners become entitled for payment of due compensation
for the said piece of land for which they have not been paid till
date.
13. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.01.2026
Transmission Date NA
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